State v. Crew

KAROHL, Judge.

Defendant was found guilty by a jury and sentenced to serve twenty-five years on Count I, forcible rape; nineteen years on Count II, forcible sodomy; nineteen years on Count III, forcible sodomy; ten years on Count IV, first degree burglary; and twenty-one years on Count V, armed criminal action. All sentences were consecutive to each other. Defendant appeals claiming the evidence in support of Count II did not prove conduct prohibited as deviate sexual intercourse by § 566.060 RSMo Cum.Supp.1990. The state agrees and suggests the sentence on Count II be vacated. Defendant seeks…