Poole v. State

Danny Poole, the appellant, was convicted of sexual abuse in the first degree and sodomy in the first degree. He was sentenced to three years' imprisonment and ten years' imprisonment, respectively, with the sentences to be served concurrently. He raises three issues on this direct appeal from those convictions.

I

The appellant contends that his motion for a new trial should have been granted because, he says, the evidence did not show separate and distinct crimes arising out of different conduct. The appellant is apparently relying on Ala. Code 1975, §13A-1-8(b)(1), which provides: "When the…