GARNER v. STATE

8 Div. 12.

455 So.2d 939 (1984)

Marrick L. GARNER v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied April 24, 1984.

Certiorari Denied August 31, 1984.


Attorney(s) appearing for the Case

William P. Burgess, Jr., Huntsville, for appellant.

Charles A. Graddick, Atty. Gen., and J. Callen Sparrow, Asst. Atty. Gen., for appellee.


Alabama Supreme Court 83-814.

TAYLOR, Judge.

Appellant Marrick L. Garner appeals his guilty plea conviction of rape in the second degree by presenting one issue: he contends that there was an inadequate factual basis to sustain the acceptance of his guilty plea by the court.

It appears that appellant was 23 years old and the victim 15 years old when the alleged offense occurred. The colloquy at the sentencing proceeded along these lines:

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