 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Tucker v. State11/30/2001
allowed to resentence Tucker in accordance with our opinion in Soles v. State, I believe a remand is unnecessary because I would reverse her convictions and sentences for unlawful distribution of a controlled substance. I believe that the trial court erred when it permitted the State to amend the indictment for distributing marijuana to include the enhancement under § 13A-12-250, Ala. Code 1975, because the amendment resulted in Tucker's being charged with a greater offense. See Rule 13.5(a), Ala. R. Crim. P. Therefore, I would reverse Tucker's convictions and sentences for distribution of a controlled substance. See my special writing in Poole v. State, [Ms. CR-99-1200, August 31, 2001] ___ So. 2d ___, ___ (Ala. Crim. App. 2001), in which I concur with Judge Shaw's special writing as to this point.
Page 1 2 3 Alabama DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|