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Date: 02-10-2023
Case Style:
Michael Carvese Williams v. State of Alabama
Case Number: CR-2022-0543
Judge: Kellum
Court: Alabama Court of Criminal Appeals on appeal from the Circuit Court, Jefferson County
Plaintiff's Attorney: Jefferson Court District Attorney's Office
Defendant's Attorney:
Description: Birmingham, Alabama criminal defense lawyer represented Defendant charged with two
two counts of rape in the first degree, see §13A-6-61, Ala. Code 1975; three counts of the sexual abuse of a child under the age of 12, see § 13A-6-69.1, Ala. Code 1975; two counts of sodomy in the first degree, see § 13A-6-63, Ala. Code 1975;
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one count of enticing a child for immoral purposes, see § 13A-6-69, Ala. Code 1975; and one count of facilitating the travel of a child for an unlawful sexual act, see § 13A-6-125, Ala. Code 1975.[1] The circuit court sentenced Williams to 20 years in prison for each rape conviction, 10 years in prison for each sexual abuse conviction, 20 years in prison for each sodomy conviction, 10 years in prison for the enticing conviction, and 10 years in prison for the facilitating conviction. The circuit court ordered that the sentences run concurrently with the exception of the sentences for the rape convictions, which the court ordered were to run consecutively.
Williams does not challenge the sufficiency of the evidence to support any of his convictions, thus, we give only a brief rendition of the facts presented at trial. A.W. testified that at the time of trial she was 18 years old.[2] In the summer of 2015, A.W. was 11 years old and was living with her mother, stepfather, and her brothers in Edgewater. (R. 272.) Williams was her stepfather's brother and would often visit when
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her parents were not at home. The first time he touched her, A.W. said, Williams "put [her] hand in his private area and made [her touch him]. Once stuff started coming out, that is when he stopped." (R. 276-77.) At this time, she said, Williams told her that if she told anybody he was "going to kill my momma and my stepdad." (R. 282.)
In another instance, she said, she was in her room and Williams came in and tried to make her watch pornography on his cellular telephone. "[Williams] told me to look at a couple of videos to show me how to do the nasty. So, he -- I didn't want to watch the video. I told him no. So, he put his phone back up. After that, he put me on my bed and he pulled my pants down. He tried to eat my stuff [her privates, she explained] but [she] wouldn't let him." (R. 278.) A.W. said that he then put his penis in her butt but "pulled it out and then he stopped." (R. 279.)
Another time, A.W. said, her mother and stepfather were getting ready to go out and Williams was going to go with them. She said that Williams came back and told her to go into the living room and get on the couch. A.W. testified: "When I laid down, he told me he isn't going to stick it in too far because he didn't want to pop my cherry." (R. 284.) A.W. said that he put his penis in her vagina and that she told him to
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stop because it hurt and that he stopped once "the white stuff came out." (R. 285.) She said that she bled and went to the bathroom to clean herself.
The last time, A.W. testified, Williams took her to a park late at night. A.W. testified: "Cars were flying by -- passing by. So he turned around and we got back in the car. And once we got in the car, he tried to put his hands in my pants. And he used his fingers but he didn't stick his fingers all the way in me. He rubbed my -- my private." (R. 289.)
A.W. testified that her grandmother was notified by a friend that A.W. had been at a nearby park with an adult man late at night. When her grandmother confronted her, she said, she "just broke down" and she told her family what Williams had done to her. (R. 291.)
The jury convicted Williams of the nine counts charged in the indictment. Williams filed a timely notice of appeal.
Outcome: Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments: