State v. Butts

SHRUM, Judge.

Mark K. Butts (Defendant) was charged with violating § 566.030, RSMo 1986, by forcibly raping H_R_(Victim). Convicted by a jury, he was sentenced to eight years imprisonment pursuant to the verdict. In No. 18389, Defendant appeals the judgment of conviction in his criminal case. He asserts that the trial court erred by excluding evidence that Victim was forcibly raped by her father some thirty-eight years before the trial of this case. He also claims that the trial court committed “plain error” in submitting the “hammer instruction” patterned after MAI-CR3d 312.10. This court…