Estes v. State

BOWEN, Presiding Judge.

Billy Ray Estes, the appellant, was convicted of theft of property in the first degree and was sentenced to eight years’ imprisonment. He was also convicted of engaging in a surface coal mining operation without a valid permit and sentenced to 12 months’ imprisonment. On this direct appeal from those convictions, the appellant contends that the trial court committed reversible error in allowing of the indictment to be amended.

Count I of the indictment charged theft in the first degree. The appellant does not challenge his conviction under that count.

Count II charged the…