Marks v. State

The appellant, Che Dechaune Marks, was convicted of rape in the first degree, a violation of § 13A-6-61, Ala.Code 1975, and was sentenced as a habitual felon to life imprisonment without the possibility of parole.

In May 2009, I.C.,1 who was then 15 years old, dialed a wrong number on her *410cellular phone and hung up. The number she dialed belonged to Marks. Marks called the number back, identified himself as Chevy and said that he wanted to come to I.C.’s apartment. I.C. said that she knew someone by the name of Chevy and she told Marks how to get to her apartment.

Marks went to I.C.’s…