State v. Magouirk

PREWTTT, Judge.

Following nonjury trial defendant was convicted of sodomy. § 566.060.3, RSMo Supp. 1992. A request for probation was denied and defendant was sentenced to 5 years’ imprisonment. Defendant appeals, presenting two points relied on.

Relying primarily on State v. Bernard, 849 S.W.2d 10, (Mo. banc 1993), and State v. Phillips, 854 S.W.2d 803 (Mo.App.1993), defendant contends that the trial court erred in allowing testimony concerning uncharged acts of sexual misconduct committed by defendant upon the victim. Bernard did not involve prior acts against the victim as is the case here.…