Polk v. State

Full title: Jacob J. Polk v. State of Alabama

Court: Court of Criminal Appeals of Alabama

Date published: Apr 26, 2002

842 So. 2d 747 (Ala. Crim. App. 2002)

Opinion

No. CR-01-0539.

Decided April 26, 2002. Rehearing Denied May 17, 2002. Certiorari Denied August 16, 2002. Alabama Supreme Court 1011629.

Appeal from Jefferson Circuit Court (CC-00-1779); Gloria T. Bahakel, Judge.

Jeffery Yusuf Wood, Bessemer, for appellant.

William H. Pryor, Jr., atty. gen., and Elizabeth Ray Butler, asst. atty. gen., for appellee.

BASCHAB, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

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

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.