
    Michael D. ANDERSON v. STATE of Alabama.
    CR-99-2195.
    Court of Criminal Appeals of Alabama.
    Oct. 26, 2001.
    Rehearing Denied Dec. 21, 2001.
    Certiorari Denied March 22, 2002 Alabama Supreme Court 1010719.
    
      Mark John Christensen, Andalusia, for appellant.
    Bill Pryor, atty. gen., and James B. Prude, asst. atty. gen., for appellee.
   PER CURIAM.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN, P.J., and BASCHAB and WISE, JJ., concur. COBB and SHAW, JJ., concur in part and dissent in part, with opinions.

COBB, Judge,

concurring in part and dissenting in part.

I agree with the unpublished memorandum except insofar as it affirms the judgment as to the issue addressing the appellant’s Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) claim. I believe that the appellant’s challenge to his sentence enhancement is entitled to further review. See my special writing concurring in part in Judge Shaw’s special writing as to this issue in Poole v. State, [Ms. CR-99-1200, August 31, 2001] — So.2d —, — (Ala.Crim.App.2001). As to those points on which I disagree with Judge Shaw, see my special writing in Poole, — So.2d at —.

SHAW, Judge,

concurring in part and dissenting in part.

I concur in that part of the unpublished memorandum affirming Michael D. Anderson’s convictions; however, I would reverse his sentences and remand the case for resentencing in accordance with my special writing in Poole v. State, [Ms. CR-99-1200, August 31, 2001] — So.2d —, — (Ala.Crim.App.2001) (Shaw, J., concurring in the result).  