Wright v. State

LEIGH M. CLARK, Retired Circuit Judge.

A jury found defendant guilty of an attempt to commit rape in the first degree. The court fixed his punishment at imprisonment for five years and sentenced him accordingly. Rape in the first degree is a Class A felony. Alabama Criminal Code, § 13A-6-61(b). An attempt to commit a Class A felony is a Class B felony. Alabama Criminal Code, § 13A-4-2(d)(2). Punishment for a Class B felony, as provided by § 13A-5-6(a)(2) is “not more than 20 years or less than 2 years.”

The only eyewitness who testified as to the incident was the alleged victim. The defendant…