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State v. Maracz6/30/2005
RRING
SEAN C. GALLAGHER, J., CONCURRING IN JUDGMENT ONLY AND CONCURRING
{ } I concur in judgment only with the analysis of the majority to affirm the trial court's decision involving the imposition of a "more than the minimum" sentence. The court's en banc decisions in State v. Lett, Cuyahoga App. Nos. 84707 and 84729, 2005-Ohio-2665, and State v. Atkins-Boozer, Cuyahoga App. No. 84151, 2005-Ohio-2666, are controlling as to the application of Sixth Amendment challenges to existing Ohio sentencing laws. Although I respectfully disagree with the majority analysis in those cases, I am bound by the majority ruling. Accordingly, in conformity with those opinions, I must reject Maracz's contentions and overrule Maracz's assigned error.
{ } With respect to the second assignment of error, I concur with both the judgment and analysis of the majority.
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