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KIRKLAND v. STATE

CR-89-1118.

581 So.2d 1207 (1990)

Gary KIRKLAND v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied May 31, 1991.

Attorney(s) appearing for the Case

Cecil Matthews, Guntersville, for appellant.

Don Siegelman, Atty. Gen., and Andrew J. Segal, Asst. Atty. Gen., for appellee.

McMILLAN, Judge.

The appellant was convicted of sodomy in the first degree, in violation of § 13A-6-63, Code of Alabama 1975. He was sentenced to 10 years in the State penitentiary. Three years of his sentence was to be served in the penitentiary, with the remaining seven years suspended, and the appellant was to be placed on probation for three years. If the defendant's probation was revoked, he would have to serve the remainder of his sentence in the...

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