Beardslee v. State

Full title: William Edward Beardslee, Jr. v. State

Court: Court of Criminal Appeals of Alabama

Date published: Sep 28, 2001

838 So. 2d 1067 (Ala. Crim. App. 2001)

Opinion

No. CR-00-1310.

Decided September 28, 2001.

Appeal from Jefferson Circuit Court (CC-00-1940), James H. Hard IV, Judge.

Jonathan Lee Draper, Anniston, for appellant.

Bill Pryor, atty. gen., and Hense R. Ellis II, asst. gen., for appellee.

McMILLAN, Presiding Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

BASCHAB and WISE, JJ., 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 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).