Jones v. State

On Application for Rehearing

COBB, Judge.

The opinion of January 28, 2005, is withdrawn and the following opinion is substituted therefor.

On February 25, 2004, Derrick Wayne Jones was convicted of stalking, a violation of § 13A-6-90(a), Ala.Code 1975. On April 13, 2004, the trial court sentenced Jones to 10 years in prison. On that same date, Jones filed a motion for a new trial, which the trial court denied on April 20, 2004. This appeal followed.

The evidence adduced at trial indicated the following: The victim, K.T., was 16 years old when she and Jones began dating. Jones was between 19 and…