it is inadmissible propensity evidence. Id. Without reaching the issue of whether the evidence from the sodomy in Count I would have been admissible in a separate trial for the sodomy in Count II, this court finds that substantial prejudice did not result. When joinder causes the jury to hear otherwise inadmissible propensity evidence, prejudice may still be overcome. Id. The court considers the number of offenses charged, the complexity of the evidence, and the realistic likelihood that the fact finder can distinguish the evidence, while thoughtfully applying the law to each offense. Sims, 764 S.W.2d at 697. In the instant situation, Mr. Howton was charged with a total of only three offenses, and the evidence pertaining to the alleged crimes was not complex. See Olds, 831 S.W.2d 713 (<HOLDING>). Other than testimony concerning physical
holding tha1  where a section 924c count of the federal criminal code was a lesser included offense of a section 924j charge  the overlap between the two counts was no bar to their simultaneous prosecution and  defendant was instead entitled only to have the sentences on both counts merged in the event he was found guilty of both holding that issues underlying all counts were sufficiently intertwined that the separate appeal of the summary judgment counts would complicate the trial of the remaining counts holding that states appeal of trial courts dismissal of first count in a four count indictment under cj  12302cl was not ripe until final judgment on the remaining counts pled in the guilty plea and noting that upon imposition of the sentences on the remaining counts the situation  was ripe for the state to appeal or to perfect its earlier attempt to appeal holding that consecutive sentences imposed on multiplieitous counts  two counts of conspiracy for one drug smuggling enterprise  violated double jeopardy clause holding that severance was not required when a defendant was charged with five counts of forcible rape two counts of felonious restraint three counts of kidnapping two counts of armed criminal action two counts of forcible sodomy one count of second degree assault one count of first degree robbery and one count of stealing