Styles v. State

PRICE, Judge.

Lodiller Styles was found not guilty by reason of insanity of the crime of sodomy in *1141988. On April 5, 1993, the trial court sustained his request for conditional release, finding § 552.040.11, RSMo Supp.1992, unconstitutional in light of Foucha v. Louisiana, — U.S. -, 112 S.Ct. 1780, 118 L.Ed.2d 437 (1992). The state appeals this decision. In State v. Tooley, 875 S.W.2d 110 (Mo. banc 1994), this Court found that it is constitutionally permissible for § 552.040.-6(6), RSMo Supp.1992, which contains language parallel to that in § 552.040.11, to place the burden of proof1 upon…