
    Darren EVANS v. STATE of Alabama.
    CR-99-1966.
    Court of Criminal Appeals of Alabama.
    Aug. 31, 2001.
    Stephen Willis Guthrie, Florence, for appellant.
    Bill Pryor, atty. gen., and Jack W. Willis, asst. atty. gen., for appellee.
   WISE, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN, PM., and BASCHAB, J., concur.

COBB and SHAW, JJ., concur in part and dissent in part, each with opinion.

COBB, Judge

(concurring in part and dissenting in part).

I concur to affirm the appellant’s sentence as it is enhanced by the application of the Habitual Felony Offender Act; however, I disagree with the majority’s affir-mance of his sentence as it is enhanced under §§ 13A-12-250 and -270, Ala.Code 1975. I would reverse this portion of 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, 2000] — 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

SHAW, Judge

(concurring in part and dissenting in part).

I concur as to Part II of the unpublished memorandum; however, I dissent as to Part I, based on my special writing in Poole v. State, [Ms.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).  