
    Travian DeBois RAY v. STATE of Alabama.
    CR-00-0235.
    Court of Criminal Appeals of Alabama.
    Oct. 26, 2001.
    John C. Taylor, Huntsville, for appellant.
    Bill Pryor, atty. gen., and Stephen N. Dodd, asst. atty. gen., for appellee.
   PER CURIAM.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN, P.J., 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 charge these sentence 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I concur in that part of the unpublished memorandum affirming Travian DeBois Ray’s conviction; however, I would reverse his sentence and remand for resen-tencing in accordance with my special writing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).  