MITCHELL v. STATE

CR 90-1051.

593 So.2d 176 (1991)

Terry Levon MITCHELL v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied November 15, 1991.

Certiorari Denied January 31, 1992.


Attorney(s) appearing for the Case

Roy Wesley Miller, Huntsville, for appellant.

James H. Evans, Atty. Gen., and James B. Prude, Asst. Atty. Gen., for appellee.


Alabama Supreme Court 1910338.

JAMES H. FAULKNER, Retired Justice.

In a two-count indictment, Terry Levon Mitchell was charged with the offenses of rape in the first degree, in violation of § 13A-6-61, Code of Alabama 1975, and sodomy in the first degree, in violation of § 13A-6-63, Code of Alabama 1975. The jury found Mitchell guilty of the lesser included offense of attempted rape in the first degree, and he was sentenced as a habitual offender...

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