ATHENS, AL (WAFF) - A Limestone County judge has resentenced a convicted rapist to no jail time. The Limestone County District Attorney appealed the judge's first sentencing order that included no jail time.
A Limestone County jury convicted Austin Clem of one count of first-degree rape and two counts of second-degree rape. Judge James Woodroof originally sentenced Clem to serve the sentence in community corrections and six years of probation.
Limestone County District Attorney Brian Jones appealed the original sentence. The Alabama Criminal Court of Appeals ruled in favor or Jones.
Monday, Judge Woodroof issued an amended sentence order (PDF) as follows:
- Count I, Rape 1st - 15 years, split sentence, balance suspended, 5 years probation
- Count II, Rape 2nd - 10 years, split sentence, balance suspended, 5 years probation
- Count III, Rape 2nd - 10 years, split sentence, balance suspended, 5 years probation
Clem will have to be employed and register as a sex offender as a condition of parole.
Jones filed a motion (PDF) to re-sentence late Monday afternoon. The motion states that the court could only change the illegal portion of the sentence. The Appeals court ruled the Clem's conviction excluded him from serving in community corrections. Jones stated the court could not sentence Clem to 15 years after previously sentencing him to 20 years.
Courtney Andrews, the victim in this case, says she plans to respond after speaking to her attorney.
Editors' Note: WAFF 48's policy is to not identify victim's of sex crimes. In this case, the victim came forward and requested to be identified.