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Alabama Court of Criminal Appeals, 2002

Polk v. State

Polk v. State
Alabama Court of Criminal Appeals · Decided April 26, 2002 · Baschab, McMillan, Wise, Shaw, Cobb
842 So. 2d 747; 2002 Ala. Crim. App. LEXIS 81; 2002 WL 734268 (Southern Reporter, Second Series)

Polk v. State

Opinion of the Court

BASCHAB, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

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

Dissenting Opinion

SHAW, Judge,

dissenting.

The trial court erred when it permitted the State to amend the indictment to include the enhancements under the provisions in §§ 13A-12-250 and 13A-12-270, Ala.Code 1975, because the amendment resulted in Polk’s being charged with a greater offense. See Rule 13.5(a), Ala.R.Crim.P. Therefore, I would reverse Polk’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).

COBB, J., joins.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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