Arnett v. State

David Arnett was indicted in a two-count indictment for the offense of sexual abuse in the first degree, in violation of § 13A-6-66, Code of Alabama 1975, and for sodomy in the first degree, in violation of § 13A-6-63, Code of Alabama 1975. The jury found the appellant not guilty of the sexual abuse charge but "guilty of sodomy in the first degree as charged in the indictment." A sentencing hearing was held and the appellant was sentenced to 15 years' imprisonment in the penitentiary.

The appellant does not challenge the sufficiency of the evidence; therefore, the facts will be discussed only…