E.L.Y. v. State

BURKE, Judge.

*1129E.L.Y. was convicted of first-degree sodomy, see § 13A-6-63, Ala. Code 1975, and first-degree sexual abuse, see § 13A-6-66, Ala. Code 1975. Pursuant to § 13A-5-6(d), Ala. Code 1975, E.L.Y. was sentenced to life imprisonment without the possibility of parole for the sodomy conviction because the victim was 6 years of age or less and E.L.Y. was 21 years of age or older when the offense was committed. He was also sentenced to a concurrent term of 20 years' imprisonment for the sexual-abuse conviction. This appeal follows.

The evidence presented at trial revealed the following.…