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Bennison v. State

Alabama Court of Criminal Appeals

March 29, 2013

Suzanne Carol Bennison
v.
State of Alabama

Released for Publication January 20, 2015.

As Corrected April 25, 2014.

Page 1032

[Copyrighted Material Omitted]

Page 1033

Appeal from Limestone Circuit Court. (CC-10-462). James W. Woodroof, Trial Judge.

For appellant: Michael Clem Lambert, Athens.

For appellee: Luther Strange, Attorney General, Tracy M. Daniel, Assistant Attorney General.

BURKE, Judge. Windom, P.J., and Welch, Kellum, and Joiner, JJ., concur.

OPINION

Page 1034

BURKE, Judge

Suzanne Carol Bennison was convicted of the sexual abuse of a child less than 12 years old, her daughter, in violation of § 13A-6-69.1, Ala. Code 1975, and the sexual torture of her daughter, in violation of § 13A-6-65.1, Ala. Code 1975. She was sentenced to life imprisonment as an habitual offender for each conviction, these sentences to run concurrently.

The sufficiency of the evidence is not challenged, so a rendition of the facts is unnecessary to this decision.

Bennison argues tat the trial court erred in denying her motion for new trial based on juror misconduct. Bennison refers to a false statement by a juror concerning pending criminal prosecution against him. Bennison's argument ...


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