AFFIRMED BY UNPUBLISHED MEMORANDUM.

concurring in part and dissenting in part.

I agree with the unpublished memorandum except insofar as it affirms the judgment on the issue addressing the appellant’s Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), claim. I believe that the appellant’s challenge to his sentence enhancement is entitled to further review. See my special writing concurring in part 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 at -.

concurring in part and dissenting in part.

I concur in that part of the unpublished memorandum affirming Swain’s conviction; however, I would reverse his sentence and remand the case for resentencing in accordance with my special writing in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