(concurring in part and dissenting in part).

I concur to affirm the appellant’s conviction; however, I would reverse his sentence and remand the case for resentenc-ing 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).

AFFIRMED BY UNPUBLISHED MEMORANDUM.

(concurring in part and dissenting in part).

I agree with the majority’s unpublished memorandum except insofar as it affirms the issue addressing Jenkins’s Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), claim. I believe that Jenkins’s challenge to his sentence enhancement is entitled to further review. See my special writing in Poole v. State, [Ms. CR-99-1200, August 31, 2001] — So.2d ■-■ (Ala.Crim.App. 2001).