Opinion
No. CR-99-2619.
Decided September 28, 2001. Rehearing Denied November 2, 2001. Certiorari Denied January 25, 2002.
Appeal from Jefferson Circuit Court (CC-96-3161; -3162; -3163; -3164).
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.
AFFIRMED BY UNPUBLISHED MEMORANDUM.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.
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 (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 ___.