Young v. State

On Rehearing Ex Mero Motu

COBB, Judge.

The unpublished memorandum of January 23, 2004, is withdrawn, and the following is substituted therefor.

On November 19, 2002, Richard Young was convicted of first-degree sexual abuse, a violation of § 13A-6-66(a)(3), Ala.Code 1975. On December 3, 2002, the trial court sentenced him, as a habitual offender, to 45 years in prison. See § 13A-5-9(c)(1), Ala.Code 1975. On December 26, 2002, after the court reporter had filed the trial transcript with the trial court, Young’s appellate counsel1 filed a motion for a judgment of acquittal or a new trial. After…