WHETHER ACTR NO. 92-601, AS ENROLLED, IS FACIALLY UNCONSTITUTIONAL (CODIFIED AS SUBSECTIONS (15), (16), (17), AND (18), OF SECTION 13A-5-40(a), CODE OF ALABAMA, 1975) BECAUSE IT FAILS TO CONTAIN THE NECESSARY AGGRAVATING CIRCUMSTANCE WHICH IS THE GANG RELATION ELEMENT THAT IS REVEALED IN THE TRANSCRIBED JOURNALS OF BOTH THE ALABAMA SENATE AND THE ALABAMA HOUSE OF REPRESENTATIVES OF THE 1992 REGULAR SESSSION. RESULTING IN THE ENROLLED ACT NO. 92-601 ALWAYS OPERATING UNCONSTITUTIONALLY BECAUSE NO SET OF CIRCUMSTANCES EXIST UNDER WHICH THE ENROLLED ACT NO. 92-601 WOULD BE VALID, RESULTING IN THE TRIAL COURT HAVING NO SUBJECT MATTER JURISDICTION TO TRY OR CONVICT THE PETITIONER UNDER SECTION 13A-5-40( a)(17), OF CODE OF ALA. 1975 WHICH SUBSECTION WAS CODIFIED BY THE ENROLLED ACT NO. 92-601?

Whether ACTR No. 92-601 is facially unconstitutional