
    Rocky Ray SHELTON, Sr. v. STATE of Alabama.
    CR-99-2619.
    Court of Criminal Appeals of Alabama.
    Sept. 28, 2001.
    Rehearing Denied Nov. 2, 2001.
    Certiorari Denied Jan. 25, 2002 Alabama Supreme Court 1010380.
    John William (Bill) Cole, Birmingham; and Sondra K. McDaniel, Birmingham, for appellant.
    Bill Pryor, atty. gen., and Joseph G.L. Marston III, asst. atty. gen., for appellee.
   PER CURIAM.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN, P.J., and BASCHAB and WISE, JJ., concur; COBB', J., concurs in part and dissents in part, with opinion, in which SHAW, J., joins.

COBB, Judge

(concurring in part and dissenting in part).

I agree with the majority’s decision except insofar as it affirms 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 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 ——.  