Edwards v. State

I cannot agree with the majority’s holding in its unpublished memorandum that Anthony Ray Edwards failed to preserve for appellate review his claim that a material variance existed between the complaint and the proof presented at trial.1 Therefore, I respectfully dissent.

The evidence in this case was presented ore tenus to the trial court.

“ ‘ “Where evidence is presented to the trial court ore tenus in a nonjury case, a presumption of correctness exists as to the court’s conclusions on issues of fact; its determination will not be disturbed unless clearly erroneous, without supporting…