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YOUNG v. STATE

No. CR-02-1258.

887 So.2d 320 (2004)

Richard YOUNG v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

February 27, 2004.

Attorney(s) appearing for the Case

Gary R. New, Eufaula, for appellant.

William H. Pryor, Jr., atty. gen., and Stephanie N. Morman and Robin Blevins Scales, asst. attys. gen., for appellee.

On Rehearing Ex Mero Motu

COBB, Judge.

The unpublished memorandum of January 23, 2004, is withdrawn, and the following is substituted therefor.

On November 19, 2002, Richard Young was convicted of first-degree sexual abuse, a violation of § 13A-6-66(a)(3), Ala.Code 1975. On December 3, 2002, the trial court sentenced him, as a habitual offender, to 45 years in prison. See § 13A-5-9(c)(1), Ala.Code 1975. On December 26, 2002...

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