Daniels v. State

WELCH, Judge.

On September 21, 2009, this Court issued an order setting aside its August 28, 2009, opinion in this case. The following opinion replaces that opinion.

A Mobile County grand jury charged Marvin Lee Daniels in case no. CC-08-775 with one count of rape, first degree, a violation of § 13A-6-61(a)(l), Ala.Code 1975; in case no. CC-08-776 with burglary, second degree, a violation of § 13A-7-6(b), Ala.Code 1975; and in cases no. CC-08-851 and no. CC-08-852 with sodomy, first degree, violations of § 13A-6-63, Ala. Code 1975. Daniels was tried by a jury and was convicted of all charges.…