ATHENS, Ala. – An Alabama prosecutor wants a review of the sentence given to a man who was convicted on three counts of rape but avoided prison time.
Limestone County District Attorney Brian Jones filed papers Saturday asking the Court of Criminal Appeals to intervene in the case of 25-year-old Austin Smith Clem of Athens.
A jury in September convicted Clem on three counts of rape in sexual assaults on a neighbor.
Clem could have faced decades in prison. But Circuit Judge James Woodroof last week handed down a sentence that gives Clem two years with a community-based corrections program, allowing him to work and to live at home, plus three years' probation. He's also ordered to pay restitution, stay away from the victim and register as a sex offender.
Jones wants a delay in the sentence and Clem temporarily incarcerated.