Daniels v. State

A jury found this appellant guilty of rape in the first degree in violation of § 13A-6-61 of Alabama Criminal Code, which provides in pertinent part:

"(a) A male commits the crime of rape in the first degree if:

"(1) He engages in sexual intercourse with a female by forcible compulsion; or

"(2) . . .

"(3) . . .

"(b) Rape in the first degree is a Class A felony."

The statutorily prescribed punishment for a Class A felony is "for life or not more than 99 years or less than 10 years." §13A-5-6 (a)(1). The court fixed his punishment at imprisonment for fifty years and sentenced him accordingly.

Both the…