
    Charles C. NELSON v. STATE of Alabama.
    CR-00-0399.
    Court of Criminal Appeals of Alabama.
    Oct. 26, 2001.
    Charles Eddie Floyd III, Phenix City, for appellant.
    Submitted on appellant’s brief only.
   PER CURIAM.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN, PH., and BASCHAB and WISE, JJ„ concur. COBB and SHAW, JJ., concur in part and dissent in part, with opinions.

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 do so 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I concur in that part of the unpublished memorandum affirming Charles C. Nelson’s conviction; however, I would reverse his sentence and remand for resentencing in accordance with my special writing in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).  