Glover v. State

On Application For Rehearing

Theodore Glover appealed his conviction for second degree rape, based upon a plea of guilty entered pursuant to a plea bargain agreement.

The grand jury indicted Glover for first degree rape, charging that he, being 16 years old or older, had engaged in sexual intercourse with a female who was less than 12 years old, Ala. Code 1975, § 13A-6-61(a)(3). However, the parties filed a joint motion to amend the indictment to charge second degree rape on the ground that, at the time of the offense, the victim was over the age of 12, but under the age of 16. This motion was…