State v. Vaught

SPINDEN, Judge.

Lonnie Vaught appeals the circuit court’s judgment convicting him of three counts of forcible sodomy and one count of forcible rape. Vaught asserts that the circuit court committed plain error by failing, sua sponte, to declare a mistrial when the state, contrary to the court’s admonition, persisted in posing questions to Vaught concerning other acts of sexual misconduct. He also contends that the circuit court committed plain error when it sentenced him as a persistent misdemeanor offender. The state agrees that the circuit court erred in sentencing - Vaught. We concur and…