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BEARDSLEE v. STATE

CR-00-1310.

838 So.2d 1067 (2001)

William Edward BEARDSLEE, Jr. v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied November 2, 2001.

Certiorari Quashed June 28, 2002.

Attorney(s) appearing for the Case

Jonathan Lee Draper, Anniston, for appellant.

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

Alabama Supreme Court 1010368.

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AFFIRMED BY UNPUBLISHED MEMORANDUM.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...

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