Sellers v. State

BOWEN, Presiding Judge.

William Sellers, Jr., the appellant, was separately indicted for first degree rape and first degree sodomy. The cases were consolidated for trial. A jury acquitted the appellant on the sodomy charge and convicted him for sexual abuse in the first degree as a lesser included offense on the rape charge. He was sentenced to 20 years’ imprisonment for this conviction. He raises four issues on this appeal.

I

Sexual abuse in the first degree is a lesser included offense of rape in the first degree. See Hutcherson v. State, 441 So.2d 1048, 1052 (Ala.Cr.App.1983). The indictment…