Nelson v. State

TYSON, Judge.

This is an out-of-time appeal granted by the trial court in accordance with our opinion reported as Nelson v. State, 517 So.2d 644 (Ala.Crim.App.1987).

Howard Eugene Nelson was indicted for rape in the first degree in violation of § 13A-6-61, Code of Alabama 1975, and sexual abuse in the first degree in violation of § 13A-6-66, Code of Alabama 1975. The jury found the appellant guilty of sexual abuse in the first degree and not guilty of rape in the first degree. The appellant was sentenced to eight years’ imprisonment in the state penitentiary.

The appellant does not challenge the…