Alabama Court of Criminal Appeals, 2001

Anderson v. State

Alabama Court of Criminal Appeals · Decided October 26, 2001 · McMillan, Baschab, Wise, Shaw, Cobb

842 So. 2d 741; 2001 Ala. Crim. App. LEXIS 271; 2001 WL 1299189 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN, P.J., and BASCHAB and WISE, JJ., concur. SHAW, J., concurs in part and dissents in part, with opinion, which COBB, J., joins.

Concurring in Part

SHAW, Judge,

concurring in part and dissenting in part.

I concur to affirm Timothy Craig Anderson’s conviction and sentence for reckless endangerment. However, I believe that the trial court erred when it permitted the State to amend the indictment for trafficking in cocaine to include an enhancement under § 13A-12-231(13), Aal.Code 1975, because I believe the amendment resulted in Anderson’s being charged with a greater offense. See Rule 13.5(a), Ala.R.Crim.P. Therefore, I would reverse Anderson’s conviction and sentence for trafficking in cocaine. 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).

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