Gordon v. State

Spiver Whitney Gordon was indicted for rape in the first degree (§ 13A-6-61, Ala. Code 1975) and sexual misconduct (§ 13A-6-65, Ala.Code 1975). The jury found him not guilty of rape but guilty of sexual misconduct. He was sentenced to 12 months’ imprisonment in the Tuscaloosa County jail and was also ordered to pay a $25 victims’ compensation assessment. The Court of Criminal Appeals, without an opinion, affirmed Gordon’s conviction and later denied rehearing. Gordon v. State, (No. CR-94-1363) 683 So.2d 1067 and 687 So.2d 226 (Ala.Crim.App.1996) (tables). We granted Gordon’s petition for…