
    Willie A. SWAIN v. STATE.
    CR 91-1858.
    Court of Criminal Appeals of Alabama.
    Oct. 22, 1993.
    Jeb Fannin, Talladega, for appellant.
    James H. Evans, Atty. Gen., and Jack Willis, Asst. Atty. Gen., for appellée.
   AFTER REMAND

BOWEN, Presiding Judge.

In Siuain v. State, 629 So.2d 699 (Ala.1993), the Alabama Supreme Court concluded that the State had presented sufficient evidence of penetration to prove that element of rape in the first degree. There being no other issues raised by the appellant on appeal, the judgment of the circuit court finding the appellant guilty of rape in the first degree is affirmed.

AFFIRMED.

All Judges concur.  