
    Anthony Ray KEITH v. STATE.
    CR-00-0286.
    Court of Criminal Appeals of Alabama.
    Sept. 28, 2001.
    Rehearing Denied Nov. 2, 2001.
    Certiorari Denied Feb. 14, 2003 Alabama Supreme Court 1010373.
    James C. Mclnturff, Birmingham, for appellant.
    William H. Pryor, Jr., atty. gen., and G. Ward Beeson III, asst. atty. gen., for ap-pellee.
   McMILLAN, Presiding Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

BASCHAB and WISE, JJ„ concur. COBB, J., dissents, with opinion, which SHAW, J., joins.

COBB, Judge,

dissenting.

I dissent based on Judge Shaw’s special writing in Poole v. State, 846 So.2d 370 (Ala.Crim.App.2001). As to those points of law on which I disagree with Judge Shaw, see my special writing in Poole, supra. The trial court erred when it permitted the State to amend the indictment, because the amendment charged a different offense. Rule 13.5(a), Ala.R.Crim.P. The judgment in this cause should be reversed, and the trial court should strike the §§ 13A-12-250 and -270 sentence enhancements which were added by the improper amendment. Keith should receive only the 20-year sentence imposed for the lesser-included offense of distribution. Accordingly, I dissent.  