Houston v. State

David Newbern, Justice.

The appellant, Mikel Wayne Houston, was convicted of and sentenced to life imprisonment for the rape of his daughter who was less than fourteen years old. His points on appeal are: (1) that the evidence was not sufficient to sustain his conviction, (2) that the bifurcated trial and sentencing procedure for habitual offenders is unfair, and (3)that the state’s brief should be stricken because it asks that we take judicial notice of a matter which was not presented to the trial court. We find the evidence was sufficient and that the appellant has not demonstrated that he…