Fountain v. State

In two separate indictments, Tony Fountain was charged with the offenses of rape in the first degree in violation of §13A-6-61, Code of Alabama 1975, and kidnapping in the second degree in violation of § 13A-6-44, Code of Alabama 1975. The cases were consolidated for trial, and the jury found Fountain guilty as charged in the indictments. The trial court sentenced Fountain to 40 years' imprisonment on the first degree rape charge and 30 years' imprisonment on the second degree kidnapping charge, with the sentences to run consecutively. Fountain filed a notice of appeal of these convictions,…