¶1concurring: I continue to adhere to the Apprendi analysis expressed by my dissent in State v. Carr, 274 Kan. 442, 53 P.3d 843 (2002). However, I recognize my analysis did not persuade a majority of this court. This court’s opinion in Carrcontrols the first issue here.
274 Kan. 708
56 P.3d 797
State v. Garcia
Decided October 25, 2002
Supreme Court of Kansas · decided 2002-10-25
Cited by 15 later decisions — most recently December 2015
2 federal appellate · 13 state decisions
Relies on State v. Carr
Good law ✅— No negative treatment on recordhow we know
Decided 2002-10-25
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