Gaines v. State

HARRIS, Judge.

The appellant, Richard Wayne Gaines, was convicted of third-degree burglary, pursuant to § 13A-7-7, Code of Alabama 1975, and sentenced, as an habitual offender, to 15 years’ imprisonment.

The sufficiency of the evidence is not challenged on this appeal.

The sole issue raised on appeal is an allegedly fatal variance between the indictment and the proof presented at trial.

The indictment, in pertinent part, charged the appellant with the burglary of “the property of, Paul Oates, doing business as Diamond Joe’s.” The evidence revealed that the building burglarized was actually owned…