
    William Edward BEARDSLEE, Jr. v. STATE.
    CR-00-1310.
    Court of Criminal Appeals of Alabama.
    Sept. 28, 2001.
    Rehearing Denied Nov. 2, 2001.
    Certiorari Quashed June 28, 2002 Alabama Supreme Court 1010368.
    Jonathan Lee Draper, Anniston, for appellant.
    Bill Pryor, atty. gen., and Hense R. Ellis II, asst. atty. gen., for appellee.
   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AFFIRMED BY UNPUBLISHED MEMORANDUM.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 with a greater offense. See Rule 13.5(a), Ala.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 - (Ala.Crim.App.2001) (Shaw, J., concurring in the result).  