H.L.B. v. State

In an unpublished memorandum, the majority affirms H.L.B.’s conviction for first-degree rape by forcible compulsion committed against his nearly 16-year-old daughter. I respectfully dissent. I believe that there is insufficient evidence to convict H.L.B. with first-degree rape under § 13A-6-61 (a)(1), Ala.Code 1975, because M.B., the victim and H.L.B.’s daughter, was asleep at the time of the rape. I maintain that there is sufficient evidence to convict H.L.B. of first-degree rape under § 13A-6-61(a)(2), Ala.Code 1975. Section 13A-6-61 provides:

“A person commits the crime of rape in the first…