Howell v. State

ON APPLICATION FOR REHEARING

The opinion issued in this case on February 11, 1994, is hereby withdrawn and the following opinion is substituted therefor.

The appellant, Eric Eugene Howell, was convicted of attempted rape and attempted sodomy in violation of §§ 13A-4-2, 13A-6-61, and 13A-6-63, Code of Alabama 1975. He was sentenced as a habitual felony offender to 10 years' imprisonment on each conviction, those sentences to run concurrently.

The evidence presented by the state tended to show that on the morning of August 17, 1992, the appellant forced his way into the victim's house and attacked…