Alabama Court of Criminal Appeals, 2001

Gunter v. State

Alabama Court of Criminal Appeals · Decided September 28, 2001 · Wise, McMillan, Baschab, Shaw, Cobb

827 So. 2d 883; 2001 Ala. Crim. App. LEXIS 227; 2001 WL 1148084 (Southern Reporter, Second Series)

Dissenting Opinion

SHAW, Judge

(dissenting).

The trial court erred when it permitted the State to amend the indictment to include the enhancement for the use of a firearm found in § 13A-12-231(13), Aa. Code 1975, because the amendment resulted in Gunter’s being charged with a greater offense. See Rule 13.5(a), Aa. R.Crim.P. Therefore, I would reverse the appellant’s conviction and sentence. See my special writing in Poole v. State, [Ms. CR-99-1200, August 31, 2001] — So.2d - (Aa.Crim.App. 2001) (Shaw, J., concurring in the result).

Opinion of the Court

WISE, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN, P.J., and BASCHAB, J., concur; SHAW, J., dissents, with opinion, which COBB, J., joins.

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