McMahan v. State

The appellant, Robert Donald McMahan, was originally charged with sexually abusing his stepgranddaughters, eight-year-old D.M. and six-year-old S.M. The state's first attempt to prosecute the appellant ended in a mistrial. The appellant was tried again and was acquitted on the charge of sexually abusing S.M. but was convicted of sexually abusing D.M., a violation of § 13A-6-66, Code of Alabama 1975. He was sentenced to four years in the penitentiary.

The appellant contends that the trial court erred by denying his pretrial motion to compel the state to elect between offenses and for denying…