State v. Houston

Gary M. Gaertner, Jr., Judge

Introduction

Dwayne Houston (Defendant) appeals from the sentence and judgment entered following a jury trial convicting him of *897burglary in the first degree, attempted forcible rape, and sexual misconduct. On appeal he asserts the trial court abused its discretion in allowing certain testimony and plainly erred in failing to hold a hearing to determine whether juror misconduct occurred. The trial court did not abuse its discretion in allowing the challenged testimony and Defendant waived his claim of juror misconduct by not raising it at the earliest opportunity. We…