Seymour v. State, CR-04-1137.
| Citation | 946 So.2d 535 |
| Decision Date | 23 November 2005 |
| Docket Number | CR-04-1137. |
| Parties | Christopher Jacques SEYMOUR v. STATE. |
| Court | Alabama Court of Criminal Appeals |
Appeal from Randolph Circuit Court (CC-2002-072.60); Tom F. Young, Jr., Judge.
Christopher Seymour, pro se.
Troy King, atty. gen., and Stephanie N. Morman, asst. atty. gen., for appellee.
AFFIRMED BY UNPUBLISHED MEMORANDUM.
For the reasons I joined Judge Shaw's special writing in Sullens v. State, 878 So.2d 1216 (Ala.Crim.App.2003)(Shaw, J., concurring in part and dissenting in part), I cannot agree with the conclusion in the unpublished memorandum that the indictment in this case, which failed to allege a culpable mental state, was sufficient to charge the offense of shooting into an occupied dwelling, a violation of § 13A-11-61, Ala.Code 1975. Moreover, unlike Harrison v. State, 879 So.2d 594 (Ala.Crim. App.2003)(Shaw, J., concurring in result) in which I joined Judge Shaw's special writing, the indictment in the instant case was not amended by a jury charge supplying the requisite intent.1 Thus, I must respectfully dissent.
1. We have taken judicial notice of the record from the appellant's direct appeal in this case. See Nettles v. State, 731 So.2d 626 (Ala.Crim. App.1998).
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