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EX PARTE PETTIWAY

87-931.

539 So.2d 372 (1988)

Ex parte Timothy Dean PETTIWAY. (Re Timothy Dean Pettiway v. State of Alabama).

Supreme Court of Alabama.

Rehearing Denied November 18, 1988.

Attorney(s) appearing for the Case

Jeffery C. Duffey, Montgomery, for petitioner.

Don Siegelman, Atty. Gen., and Andy S. Poole, Asst. Atty. Gen., for respondent.

TORBERT, Chief Justice.

Petitioner, Timothy Dean Pettiway, was indicted for first degree rape, first degree sodomy, and first degree kidnapping. He was convicted of the lesser offenses of sexual misconduct (two counts) and kidnapping in the second degree. He was sentenced to 12 months in the county jail on each sexual misconduct conviction and three years in the penitentiary on the second degree kidnapping conviction. The

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