D.P. v. State

SHAW, Judge.

The appellant, D.P., was convicted of rape in the first degree, a violation of § 13A-6-61(a)(l), Ala.Code 1975, and of burglary in the first degree, a violation of § 13A-7-5, Ala.Code 1975. The victim was his ex-wife, T.H. The appellant was sentenced to 20 years’ imprisonment for each conviction, the sentences to run concurrently. The sentences were split, and he was ordered to serve a total of five years in confinement followed by five years on probation.

At trial, T.H. testified that she and the appellant had been married for approximately seven years, from 1989 until 1996; that…