Phillips v. State

Appellant was convicted of sexual abuse in the first degree in violation of § 13A-6-66, Code of Alabama 1975, and was sentenced to three years in the penitentiary.

I

Appellant first contends that the State failed to prove a prima facie case of sexual abuse in the first degree because (1) the record is devoid of any references to the touching of the victim's vagina, and (2) there was no evidence that appellant intended by his actions to gratify the sexual desire of either himself or the victim. These arguments are meritless when the facts are considered.

The victim, in the instant case, was a…