
    Cecil Ray COPE v. STATE.
    CR-99-1877.
    Court of Criminal Appeals of Alabama.
    Sept. 28, 2001.
    Rehearing Denied Nov. 2, 2001.
    Certiorari Denied Feb. 22, 2002
    Alabama Supreme Court 1010376.
    William Scott Donaldson, Tuscaloosa, for appellant.
    
      Bill Pryor, atty. gen., and Beth Slate Poe, asst. atty. gen., for appellee.
   McMILLAN, Presiding Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

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

COBB, Judge,

concurring in part and dissenting in part.

I agree with the unpublished memorandum as to Issue III. I dissent as to Issue I, based on Judge Shaw’s special writing in Poole v. State, [Ms. CR-99-1200, Aug. 31, 2001] - So.2d - (Ala.Crim.App.2001). As to those points of law on which I disagree with Judge Shaw, see my special writing in Poole, supra. Because I believe that the cause should be remanded for resentencing without the application of enhancement provisions, I would pretermit discussion of Issue II, regarding the challenge to the sufficiency of the evidence to support the enhancements.  