The opinion
The trial court erred when it permitted the State to amend the indictment to include the enhancement under the provisions in §§ 13A-12-250 and 13A-12-270 , Ala. Code 1975, because the amendment resulted in Kirkland's being charged with a greater offense. See Rule 13.5(a), Ala.R.Crim.P. Therefore, I would reverse Kirkland's conviction and sentence. See my special writing in Poole v. State , 846 So.2d 370 , 389
(Ala.Crim.App. 2001) (Shaw, J., concurring in the result).