
    Richard Earl JENKINS, Jr. v. STATE.
    CR-00-1619.
    Court of Criminal Appeals of Alabama.
    Aug. 31, 2001.
    Rehearing Denied Sept. 28, 2001.
    Certiorari Denied March 22, 2002 Alabama Supreme Court 1010152.
    Richard Earl Jenkins, Jr., pro se.
    Bill Pryor, atty. gen., and James B. Prude, asst. atty. gen., for appellee.
   BASCHAB, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMillan, p.j., and WISE, J., 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I agree with the majority’s unpublished memorandum except insofar as it affirms the issue addressing Jenkins’s Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), claim. I believe that Jenkins’s challenge to his sentence enhancement is entitled to further review. See my special writing in Poole v. State, [Ms. CR-99-1200, August 31, 2001] — So.2d ■-■ (Ala.Crim.App.2001).

SHAW, Judge

(concurring in part and dissenting in part).

I concur to affirm the appellant’s conviction; however, I would reverse his sentence and remand the case for resentenc-ing 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).  