State v. Gregory

PREWITT, Presiding Judge.

Following nonjury trial, defendant was convicted of three felonies. He was sentenced to seven years’ imprisonment for sodomy, five years for use of a child in a sexual performance with that sentence to run consecutive to the sentence for sodomy and three years for incest to run concurrent with the five-year sentence. Defendant appeals, presenting three points relied on.

For his first point defendant states that the trial court “committed plain error” because the court reopened the evidence on its own motion twenty-eight days after the parties had concluded the…