
    Jacob J. POLK v. STATE of Alabama.
    CR-01-0539.
    Court of Criminal Appeals of Alabama.
    April 26, 2002.
    Rehearing Denied May 17, 2002.
    Certiorari Denied Aug. 16, 2002 Alabama Supreme Court 1011629.
    Jeffery Yusuf Wood, Bessemer, for appellant.
    William H. Pryor, Jr., atty. gen., and Elizabeth Ray Butler, asst. atty. gen., for appellee.
   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AFFIRMED BY UNPUBLISHED MEMORANDUM.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 with a greater offense. See Rule 13.5(a), Ala.R.Crim.P. Therefore, I would reverse Polk’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).

COBB, J., joins.  