Missouri Court of Appeals December 10, 2002, WD 60799 (State v. Brown)

ROBERT G. ULRICH, Judge.

Factual and Procedural Background

David P. Brown (“Mr. Brown”) appeals his conviction following jury trial for statutory sodomy in the first degree, section 566.062, RSMo 2000, and sentence of forty-five years imprisonment. As his sole point on appeal, Mr. Brown contends that the trial court plainly erred in sentencing him as a persistent sexual offender. § 558.