Summary
holding that a defendant cannot assume inconsistent positions at trial and on appeal
Summary of this case from Robinson v. StateOpinion
3 Div. 129.
January 17, 1992. Rehearing Denied February 28, 1992. Certiorari Denied May 29, 1992 Alabama Supreme Court 1910902.
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.