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POLK v. STATE

CR-01-0539.

842 So.2d 747 (2002)

Jacob J. POLK v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Rehearing Denied May 17, 2002.

Certiorari Denied August 16, 2002.

Attorney(s) appearing for the Case

Jeffery Yusuf Wood, Bessemer, for appellant.

William H. Pryor, Jr., atty. gen., and Elizabeth Ray Butler, asst. atty. gen., for appellee.

Alabama Supreme Court 1011629.

BASCHAB, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN, P.J., and WISE, 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 enhancements under the provisions in §§ 13A-12-250 and 13A-12-270, Ala.Code 1975, because the amendment resulted in Polk's being charged...

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