
    Kenneth Ray GREEN v. STATE.
    CR-00-1510.
    Court of Criminal Appeals of Alabama.
    Oct. 26, 2001.
    Robert Chandler Davis, Gadsden, for appellant.
    Bill Pryor, atty. gen., and Cecil G. Bren-dle, Jr., asst. atty. gen., for appellee.
   McMILLAN, Presiding Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

BASCHAB and WISE, JJ., concur. COBB, J., concurs in part and dissents in part, with opinion. SHAW, J., concurs in part and dissents in part, with opinion.

COBB, Judge,

concurring in part and dissenting in part.

I concur in affirming the appellant’s conviction; however, I would reverse his sentence and remand the case for resen-tencing in accordance with Judge Shaw’s special writing in Poole v. State, [Ms. CR-99-1200, August 31, 2001] — So.2d-, - (Ala.Crim.App.2001), with which I concurred as to this issue. As to those points on which I disagree with Judge Shaw, see my special writing in Poole, — So.2d at-. I believe that these sentence enhancements must be charged in the indictment and proved to the jury beyond a reasonable doubt, and that the failure to charge these enhancements in the indictment is a jurisdictional defect that this Court should notice and remedy on appeal. Therefore, as to the sentencing issue, I dissent.

SHAW, Judge,

concurring in part and dissenting in part.

I concur in that part of the unpublished memorandum affirming Kenneth Ray Green’s conviction; however, I would reverse his sentence and remand the ease for resentencing in accordance with my special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).  