Abney v. State

TAYLOR, Judge.

The appellant, David L. Abney, was convicted of first degree rape, a violation of section 13A-6-61, Code of Alabama 1975, and first degree sodomy, a violation of section 13A-6-63, Code of Alabama 1975. The appellant’s first trial resulted in a mistrial because the jury was deadlocked. This appeal is from the appellant’s second trial and conviction, after which the appellant was sentenced to 2 terms of 15 years in prison, those terms to run concurrently.

The state’s evidence at trial tended to show that the appellant was the stepfather of the victim, a nine-year-old child. The…