State v. Bird

LOWENSTEIN, Presiding Judge.

A jury convicted Bobby L. Bird of three counts of sodomy against two male victims, RL, age 10 and JD, age 12 under § 566.060, RSMo Cum. Supp.1992 (amended 1990). Bird received three concurrent ten-year terms of imprisonment. He now claims error in allowing testimony that implicated him in uncharged crimes, State v. Bernard, 849 S.W.2d 10 (Mo. banc 1993), and seeks plain error review of submission of the instruction defining “reasonable doubt.”

The evidence favorable to the verdict showed that during the summer of 1989, RL, JD and MS, age 9, played on Bird’s property…