Styles v. State, 6 Div. 695
Citation | 474 So.2d 185 |
Decision Date | 02 July 1985 |
Docket Number | 6 Div. 695 |
Parties | Tony STYLES, a.k.a. Robert Turner v. STATE. |
Court | Alabama Court of Criminal Appeals |
J. David Hood of Tweedy, Jackson & Beech, Jasper, for appellant.
Charles A. Graddick, Atty. Gen. and Bernard B. Carr, Asst. Atty. Gen., for appellee.
Tony Styles, also known as Robert Turner, was indicted for the offense of enticing children under the age of 16 to enter a motor vehicle for immoral purposes in violation of § 13A-6-69, Code of Alabama 1975. Styles' indictment in this cause reads as follows:
After all of the evidence had been presented and the trial court had given its oral charge, the case was submitted to the jury and they retired to begin their deliberations. However, the jury soon returned to the courtroom with the following questions for the trial judge:
"In considering a decision we need to have clear in our minds:
(1) Are we to consider that he attempted to entice or allure both Greg and Jawanna (sic) for immoral purposes or sexual purposes.
(2) Can we consider 1 of them that he attempted to allure for immoral purposes and not the other.
(3) Must we determine him guilty or not guilty concerning both Greg and Jawanna (sic) for immoral purposes." (R. 252).
Upon the trial judge's receipt of the questions the following colloquy occurred: (R. 253-254).
The jury then resumed their deliberations and found the appellant 'guilty as charged'. Upon the announcement of the jury verdict, the following took place: (R. 255-256).
Following a sentencing hearing the trial court sentenced the appellant to seven years in the penitentiary.
I
Styles argues on appeal that the action of the trial court in changing the wording of the indictment in effect "constituted an amendment" to the indictment and such "amendment" was erroneous and prejudicial.
Rule 15.5(a), Alabama Temporary Rules of Criminal Procedure states that "a charge may be amended by order of the court with the consent of the defendant in all cases except to change the...
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