State v. Owens

PREWITT, Judge.

Following trial by jury defendant was convicted of sodomy and sentenced to twelve years’ imprisonment. The charge alleged that defendant committed this crime upon his thirteen-year-old stepdaughter in August of 1985.

In his first point defendant contends that the trial judge erred because he failed to disqualify in this case. Rule 32.07 gives a party an absolute right for a change of judge upon compliance with that rule, and Rule 32.09(c), provides that a judge can order a change of judge “when fundamental fairness so requires.” The trial judge denied defendant’s motion under…