Rice v. State

ON RETURN TO REMAND

COBB, Judge.

The petitioner, James Paul Rice, pleaded guilty and was convicted of the offense of attempted rape in the second degree. The petitioner was originally indicted for rape in the first degree and for incest. The indictment was subsequently amended to charge attempted rape in the second degree. This is the appellant’s fourth post-conviction petition filed pursuant to Rule 32, Ala.R.Crim.P. He cites Hall v. State, 655 So.2d 51 (Ala.Crim.App.1995), in support of his argument that his plea was illegal. The Hall court stated, “An indictment can not be amended to charge…