# Kirkland v. State

> Court of Criminal Appeals of Alabama · February 1, 2002 · 850 So. 2d 1259

URL: https://www.frixlaw.com/law-library/cases/9937677

## Case

- **Full name:** Deborah Brown Kirkland v. State.
- **Court:** Court of Criminal Appeals of Alabama
- **Decided:** February 1, 2002
- **Citations:** 850 So. 2d 1259; 2002 WL 126976
- **Precedential status:** Published
- **Opinion:** Dissent by Shaw
- **Judges:** Patterson, Shaw
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9937677

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9937677. Public record. Not legal advice.