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      Appeal possible after convicted rapist avoids prison

      A state court upheld the sentence that allows a convicted rapist to avoid prison. {}Now an Alabama prosecutor may appeal that sentence.Limestone County District Attorney Brian Jones says he wants the Alabama Supreme Court to consider the case of Austin Clem.The Alabama Court of Criminal Appeals ruled that a judge was within his discretion to give Clem a sentence that didn't include prison time for two rape convictions.Clem was convicted in 2013 of sexually assaulting an under aged neighbor. Prosecutors pushed for prison time, but the judge disagreed.The prosecutor calls the appeals court decision "disappointing." He says he will talk to the victim about pursuing further challenges.

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