¶1concurring in part and dissenting in part.
¶2I agree with the unpublished memorandum except insofar as it affirms the judgment concerning the enhancement provision applied to Banks’s conviction. See Judge Shaw’s special writing in Poole v. State, [Ms. CR-99-1200, August 31, 2001] - So.2d - (Ala.Crim.App.2001). I concurred with Judge Shaw’s opinion insofar as he noted application of §§ 13A-12-250 and -270 implicates jurisdictional concerns that may not be waived. As to those points on which I disagree with Judge Shaw — I believe that these jurisdictional prerequisites apply in Rule 32 proceedings — see my special writing in Poole, - So.2d at -.