Anderson v. State

Full title: Timothy Craig Anderson v. State of Alabama

Court: Court of Criminal Appeals of Alabama

Date published: Oct 26, 2001

842 So. 2d 741 (Ala. Crim. App. 2001)

Opinion

No. CR-00-0957.

Decided October 26, 2001. Rehearing Denied December 7, 2001.

Appeal from Jefferson Circuit Court (CC-00-3816; CC-00-3817); James H. Hard IV, Judge.

Timothy C. Anderson, pro se.

William H. Pryor, Jr., atty. gen., and Daniel W. Madison, deputy atty. gen., for appellee.

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AFFIRMED BY UNPUBLISHED MEMORANDUM.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.

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), Ala. 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).