
    Richard King PITTS v. STATE of Alabama.
    CR-03-0834.
    Court of Criminal Appeals of Alabama.
    Nov. 24, 2004.
    Rehearing Denied Jan. 14, 2005.
    Certiorari Denied May 13, 2005 Alabama Supreme Court 1040556.
    Michael Crespi, Dothan, for appellant.
    Troy King, atty. gen., and Yvonne A.H. Saxon, asst. atty. gen., for appellee.
   PER CURIAM.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN, P.J., and BASCHAB and WISE, JJ., concur. SHAW, J., concurs in the result. COBB, J., dissents, with opinion.

COBB, Judge,

dissenting.

For the reasons stated by Judge Shaw in his special writing in Poole v. State, 846 So.2d 370, 389 (Ala.Crim.App.2001) (Shaw, J., concurring in the result), with which I agreed in my special writing in Poole, 846 So.2d at 398, I disagree with the Court’s harmless error analysis of the Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), issue in its unpublished memorandum. Because I believe that the trial court erred, and that its error could not have been harmless, I dissent.  