Dyson v. State

TYSON, Judge.

Jimmy Dyson was indicted for sodomy, second degree, in violation of § 13A-6-64, Code of Alabama 1975. The petit jury returned a verdict of “guilty as charged in the indictment.” After reviewing the pre-sentence report and conducting a hearing, the trial court sentenced Dyson to five years in prison, ordered him to pay a $3,500 fine, costs of court, and a $250 assessment to the Victims’ Compensation Fund.

The victim, F.D., testified that between December 1987 and March 1988 the appellant, her uncle, would come to her house while her parents were at work. F.D. stated that the…