State v. Cottrill

TURNAGE, Judge.

Todd Cottrill was convicted of harassment, § 565.090, RSMo 1986, a Class A misdemeanor, and was sentenced to a term of 90 days in the county jail. On this appeal, Cottrill contends that the court based its finding of guilt on facts not in evidence. Reversed and remanded.

Cottrill was tried by the court without a jury. Richard P. Wyrick testified that he knew the voice of Cottrill and that Cottrill called the Wyrick home seven times between 1:57 a.m. and 2:20 a.m. on January 14, 1992. Wyrick stated that the first time Cottrill called he asked to speak with Wy-rick’s daughter,…