Kirksey v. State

Appellant was convicted of the offense of first degree sodomy, as defined in Code of Alabama (1975), § 13A-6-63, and sentenced to a ten year "split" sentence.1 From said conviction and sentence, the present appeal was filed.

On September 21, 1984, a jury verdict was returned against the appellant finding him guilty of the offense of first-degree sodomy. Sentencing and entry of judgment were deferred until October 12, 1984, on which date the present notice of appeal was filed. On October 31, 1984, defense counsel filed a motion for judgment of acquittal and motion for new trial alleging that…