RA v. State
This text of 943 So. 2d 135 (RA v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
R.A.
v.
STATE of Alabama.
Court of Criminal Appeals of Alabama.
John C. Taylor, Huntsville, for appellant.
Troy King, atty. gen., and Andy Scott Poole, asst. atty. gen., for appellee.
Alabama Supreme Court 1050849.
COBB, Judge.
AFFIRMED BY UNPUBLISHED MEMORANDUM.
*136 McMILLAN, P.J., and SHAW and WISE, JJ., concur. BASCHAB, J., dissents, with opinion.
BASCHAB, Judge, dissenting.
In this case, the appellant was convicted of one count of first-degree sodomy, a violation of § 13A-6-63(a)(1), Ala.Code 1975, and one count of second-degree sodomy, a violation of § 13A-6-64(a)(1), Ala. Code 1975. However, both of the appellant's convictions were based on evidence that, on one occasion, the appellant put his mouth or tongue on the victim's vagina. Therefore, the appellant's convictions for both first-degree sodomy and second-degree sodomy violate double jeopardy principles, and one of his convictions should be set aside. See Ex parte Robey, 920 So.2d 1069 (Ala.2004); Ex parte Washington, 571 So.2d 1062 (Ala.1990). Accordingly, I must respectfully dissent.
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943 So. 2d 135, 2006 Ala. Crim. App. LEXIS 3, 2006 WL 250935, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ra-v-state-alacrimapp-2006.