Israel v. State

KELLUM, Judge.

The appellant, Yahudah Israel, was indicted by a Marengo County grand jury for one count of rape in the first degree, a violation of § 13A-6-61(a)(l), Ala.Code 1975, and one count of rape in the second degree, a violation of § 13A-6-62(a)(l), Ala.Code 1975. Following a jury trial, Israel was convicted of first-degree rape and second-degree rape as charged in the indictment. The circuit court sentenced Israel to 12 years’ imprisonment for his first-degree rape conviction. The circuit court did not, however, impose a sentence for Israel’s second-degree rape conviction.

The evidence…