APPEAL DISMISSED BY UNPUBLISHED MEMORANDUM.

(dissenting).

I respectfully dissent from dismissing the appellant’s appeal. Rather, I would reverse his sentence and remand the case for resentencing 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 should have been charged in the information 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.

(dissenting).

I believe that the sentence enhancements should have been referred to in the information, and that the omission of the enhancements is a jurisdictional defect this Court should notice and remedy on appeal. Therefore, because a jurisdictional defect is not subject to waiver, see Ross v. State, 529 So.2d 1074 (Ala.Crim.App. 1988), I would not dismiss this appeal. Rather, I would affirm Larry Pate’s conviction, reverse his sentence, and remand the case for resentencing in accordance with Rule 13.2, Ala.R.Crim.P., and 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).