State v. Sexton

STITH, Judge.

This ease involves the admission of testimony of uncharged sexual misconduct in the 1994 trial of John D. Sexton on one count of rape and five counts of sodomy. Mr. Sexton was found guilty by the jury and sentenced to consecutive prison terms totalling forty years. The State admits that the admission of evidence of prior sexual misconduct to show the defendant’s propensity to commit the crime constituted error under State v. Bernard, 849 S.W.2d 10, 16-17 (Mo. banc 1993). The State argues that remand for a new trial on all issues is unnecessary, however, because the same evidence…