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ELLIS v. STATE

CR-95-426.

686 So.2d 1265 (1996)

Anthony ELLIS v. STATE.

Court of Criminal Appeals of Alabama.

March 8, 1996.

Attorney(s) appearing for the Case

Anthony Ellis, pro se.

Jeff Sessions, Atty. Gen., and David Bjurberg, Asst. Atty. Gen., for Appellee.

COBB, Judge.

Anthony Ellis appeals from the denial of his Rule 32, Ala.R.Crim.P., petition attacking his conviction for second degree rape. The appellant's petition alleges that he was indicted for first degree rape but that he pleaded guilty to the offense of second degree rape. The appellant contends that the indictment could not have been amended to allow him to so plead because, he says, second degree rape is not a...

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