Clem v. State

BASCHAB, Judge.

The appellant, Michael Clem, was convicted of two counts of first-degree sexual abuse, violations of § 13A-6-66(a)(l) and (3), Ala.Code 1975. The trial court sentenced him, as a habitual offender, to serve concurrent terms of thirty years in prison on each conviction. See § 13A-5-9(c)(l), Ala.Code 1975. The appellant filed a “Motion for Judgment of Acquittal or in the Alternative for a New Trial,” which the trial court summarily denied. This appeal followed.

The State presented evidence that, on April 3, 2000, the victim, L.S., who was eleven years old, spent the night with her…