Alabama Court of Criminal Appeals, 2001

Beardslee v. State

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

838 So. 2d 1067; 2001 Ala. Crim. App. LEXIS 218; 2001 WL 1148125 (Southern Reporter, Second Series)

Dissenting Opinion

SHAW, Judge,

dissenting.

The trial court erred when it permitted the State to amend the indictment to include enhancement under the provisions in §§ 13A-12-250 and 13A-12-270, Ala.Code 1975, because the amendment resulted in Beardslee’s being charged with a greater offense. See Rule 13.5(a), Ala.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 - (Ala.Crim.App. 2001) (Shaw, J., concurring in the result).

Opinion of the Court

McMILLAN, Presiding Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

BASCHAB and WISE, JJ., concur. SHAW, J., dissents, with opinion, which COBB, J., joins.

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