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598 So. 2d 1026

Fountain v. State

Court of Criminal Appeals of Alabama

Decided January 17, 1992

Court of Criminal Appeals of Alabama · decided 1992-01-17

Cited by 3 later decisions — most recently April 2003

3 state decisions

Relies on 586 So. 2d 277 - Fountain v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1992-01-17

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¶1ON RETURN TO REMAND

JAMES H. FAULKNER, Retired Justice.

¶2Tony 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.

¶3The 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.

¶4After remand, the trial court corrected the sentence orders to show that the court intended that the sentences in the rape *1027charge, CC-87-684, and the kidnapping charge, CC-87-685, were, to run consecutively.

¶5The 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.

¶6OPINION EXTENDED; AFFIRMED.

All Judges concur.
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