Ex Parte Loyd

Walter Loyd was convicted of sodomy in the first degree, in violation of Ala. Code 1975, § 13A-6-66. He was sentenced to 10 years in prison and was ordered to pay a fine and a victim's compensation assessment totalling $5,500. The Court of Criminal Appeals affirmed. See Loyd v. State, 580 So.2d 1370 (Ala.Cr.App. 1990). We reverse and remand with instructions.

The evidence presented by the State tended to show the following facts:

Susan Marie Loyd, Walter Loyd's 16-year-old daughter, had been living with her father and stepmother in her father's trailer in Rehobeth, Alabama. On January 10, 1988,…