State v. Brown

ROBERT G. ULRICH, Judge.

Factual and Procedural Background

David P. Brown (“Mr. Brown”) appeals his conviction following jury trial for statutory sodomy in the first degree, section 566.062, RSMo 2000, and sentence of forty-five years imprisonment. As his sole point on appeal, Mr. Brown contends that the trial court plainly erred in sentencing him as a persistent sexual offender. § 558.018, RSMo 2000. He asserts three grounds for his claim: (1) that the State failed to prove that his foreign conviction in North Dakota qualifies as a prior conviction under section 558.018, RSMo 2000,…