Whited v. State

On Remand from the Alabama Supreme Court

The appellant, Howard Carl Whited, was convicted of sodomy in the first degree, a violation of § 13A-6-63, Ala.Code 1975. The circuit court sentenced Whited to 35 years’'imprisonment and ordered Whited to pay $50 to the Alabama Crime Victims Compensation Fund and court costs. This Court affirmed Whited’s conviction and sentence on March 14, 2014. See Whited v. State, 180 So.3d 49 (Ala.Crim.App.2014).

Whited then petitioned the Alabama Supreme Court for certiorari review, arguing that this Court’s decision conflicted with the United States Supreme Court’s…