GUNTER v. STATE

CR-00-0876.

827 So.2d 883 (2001)

Alexis Clayton GUNTER v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Rehearing Denied October 19, 2001.

Certiorari Denied February 22, 2002.


Attorney(s) appearing for the Case

John H. Wiley III, Birmingham, for appellant.

Bill Pryor, atty. gen., and Joseph G.L. Marston III, asst. atty. gen., for appellee.


Alabama Supreme Court 1010256.

WISE, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN, P.J., and BASCHAB, 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 enhancement for the use of a firearm found in § 13A-12-231(13), Ala. Code 1975, because the amendment resulted in Gunter's being charged with...

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