Pettway v. State

TAYLOR, Judge.

The appellant, Tracy Leon Pettway, was charged in March 1988, in a three-count indictment with rape in the first degree, kidnapping in the first degree, and robbery in the first degree, violations of §§ 13A-6-61, 13A-6-43, and 13A-8-41, Code of Alabama 1975, respectively. The appellant was convicted of all three charges. On direct appeal, this court reversed the appellant’s convictions and remanded the case to the circuit court because of an impermissible comment by the prosecutor in opening argument. Pettway v. State, 571 So.2d 394 (Ala.Cr.App.1990).

The appellant was tried…