State v. Silvey

THOMAS, Judge.

Phillip E. Silvey was found guilty by a jury of two counts of sodomy in violation of section 566.060, RSMo 1986. The victim was four years old when the offenses occurred. The trial court found Silvey to be a dangerous offender under section 558.016, RSMo Supp.1990, and sentenced Silvey to thirty years on each count of sodomy with the terms to run concurrently. The Court of Appeals, Western District, affirmed the conviction. Judge Ellis dissented and certified the cause for transfer to this Court because he deemed the majority opinion to be contrary to previous decisions of the…