Ray v. State

On Application for Rehearing

This Court’s opinion of January 12, 2007, is hereby withdrawn and the following is substituted therefor.

The appellant, Thomas Chester Ray, Jr., was convicted of sexual abuse in the first degree, a violation of § 13A-6-66(a)(l), Ala.Code 1975. He was sentenced to 10 years in the state penitentiary.

The State’s evidence tended to show the following: The victim, M.M.,1 who is mentally retarded, testified that she lived with her mother and Ray when she was around 9 or 10 years of age. She said that on two occasions Ray made her put lotion on his “privates” and rub him.…