Fountain v. State, 3 Div. 129
| Decision Date | 17 January 1992 |
| Docket Number | 3 Div. 129 |
| Citation | 598 So.2d 1026 |
| Parties | Tony FOUNTAIN v. STATE. |
| Court | Alabama Court of Criminal Appeals |
Appeal from Montgomery Circuit Court; Randall Thomas and Joseph Phelps, Trial Judges.
David G. Flack, Montgomery, for appellant.
Don Siegelman and James H. Evans, Attys. Gen., and James B. Prude, Asst. Atty. Gen., for appellee.
ON RETURN TO REMAND
Tony Fountain appealed from convictions and sentences on charges of rape in the first degree and kidnapping in the second degree. He was sentenced to 40 years in the state penitentiary on the rape charge and 30 years on the kidnapping charge.
The case was remanded to the trial court, 586 So.2d 277, because in the court's order, the court directed that the sentences were to run consecutively in one place, and in another place the court directed that the sentences were to run concurrently.
After remand, the trial court corrected the sentence orders to show that the court intended that the sentences in the rape charge, CC-87-684, and the kidnapping charge, CC-87-685, were to run consecutively.
The foregoing opinion was prepared by the Honorable JAMES H. FAULKNER, a former Alabama Supreme Court Justice, and his opinion is hereby adopted as that of the Court.
OPINION EXTENDED; AFFIRMED.
All Judges concur.
To continue reading
Request your trial
-
Lewis v. State
...358-59 (Ala.Crim.App.1992), quoting Fountain v. State, 586 So.2d 277, 281 (Ala.Crim.App.1991), opinion extended after remand, 598 So.2d 1026 (Ala.Crim.App.1992). "`"When a jury requests additional instructions the recommended practice is for the trial court to remain within the area of the ......
-
Robinson v. State
...he cannot now argue that it did not. Fountain v. State, 586 So.2d 277, 282 (Ala.Cr.App. 1991), opinion extended after remand, 598 So.2d 1026 (Ala.Cr.App.1992) (holding that a defendant cannot assume inconsistent positions at trial and on appeal); see also Cunny v. State, 629 So.2d 693 (Ala.......
-
Fountain v. State
...for rape in the first degree and kidnapping in the second degree. On direct appeal, we affirmed Fountain's convictions. Fountain v. State, 598 So.2d 1026 (Ala.Cr.App.1992). Fountain filed a Rule 32 petition for post-conviction relief on December 10, 1992, raising several allegations of erro......