State v. Kerr

CRIST, Judge.

Defendant appeals from his jury conviction of sodomy for which he was sentenced to five years’ imprisonment. We affirm.

On February 17,1987, at around 10 a.m., K.M., who was three and one-half years old, asked her mother if she could go to “Paul’s house.” Her mother knew Paul to be Paul Kerr, a child who lived nearby. K.M. walked to the house by herself, and found Paul was not at home. A person K.M. described as “Paul’s dad” answered the door. He was home alone.

At this point, the evidence differs as to what occurred. Defendant, the father of Paul Kerr, asserts he was leaving as…