03/21/95 State Missouri V. Phillip E. Silvey

Phillip E. Silvey was found guilty by a jury of two counts of sodomy in violation of section 566.060, RSMo 1986. The victim was four years old when the offenses occurred. The trial court found Silvey to be a dangerous offender under section 558.016, RSMo Supp. 1990, and sentenced Silvey to thirty years on each count of sodomy with the terms to run concurrently. The Court of Appeals, Western District, affirmed the conviction. Judge Ellis Dissented and certified the cause for transfer to this Court because he deemed the majority opinion to be contrary to previous decisions of the appellate courts of this state. Rule 83.01. We disagree. Silvey's Rule 29.15 motion for post-conviction relief was overruled by the trial court, and his appeal of that decision has been consolidated with his appeal to this Court. Rule 29.15(l). Silvey raises eleven points on appeal. Affirmed.