Rice v. State

The petitioner, James Paul Rice, appeals from the trial court's denial of his fourth Rule 32, Ala.R.Crim.P., petition. It appears that the petitioner's allegations may have merit.See, Hall v. State, 655 So.2d 51 (Ala.Crim.App. 1995).

The petitioner was originally indicted for rape in the first degree and for incest. The petitioner was allowed to plead guilty to attempted second degree rape. He now cites Hall,supra, for support for his contention that his plea was illegal. The Hall court stated, "An indictment cannot be amended to charge an offense that was not encompassed in the original…