
    Alexis Clayton GUNTER v. STATE of Alabama.
    CR-00-0876.
    Court of Criminal Appeals of Alabama.
    Sept. 28, 2001.
    Rehearing Denied Oct. 19, 2001.
    Certiorari Denied Feb. 22, 2002 Alabama Supreme Court 1010256.
    John H. Wiley III, Birmingham, for appellant.
    Bill Pryor, atty. gen., and Joseph G.L. Marston III, asst. atty. gen., for appellee.
   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AFFIRMED BY UNPUBLISHED MEMORANDUM.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), Aa. Code 1975, because the amendment resulted in Gunter’s being charged with a greater offense. See Rule 13.5(a), Aa. R.Crim.P. Therefore, I would reverse the appellant’s conviction and sentence. See my special writing in Poole v. State, [Ms. CR-99-1200, August 31, 2001] — So.2d - (Aa.Crim.App.2001) (Shaw, J., concurring in the result).  