D.E.R. v. State

JOINER, Judge.

This Court's opinion of April 28, 2017, is withdrawn, and the following is substituted therefor.

D.E.R. was convicted of first-degree sodomy, see § 13A-6-63, Ala. Code 1975, and sexual abuse of a child less than 12 years old, see § 13A-6-69.1, Ala. Code 1975. D.E.R. was sentenced to concurrent terms of 25 years' imprisonment for the sodomy conviction and 20 years' imprisonment for the sexual-abuse conviction. All appropriate fines and fees were assessed against D.E.R.

Facts and Procedural History

The evidence at trial tended to show the following: K.R., who was 13 years old at the…