Nathan v. State

Cedric Cassis Nathan appeals from the circuit court's dismissal of his Rule 32, Ala.R.Crim.P., petition in which he contested his 1993 convictions for first degree robbery and second degree burglary and his resulting concurrent life sentences.

In his petition, Nathan alleged the following grounds: (1) the evidence at trial that Willie Wimbley's dwelling was burglarized was a material variance from the averment in the indictment for burglary that Cedric Wimbley's dwelling was burglarized; (2) the evidence that the victim reasonably believed that Nathan was armed was a material variance from the…