¶1concurring in part and dissenting in part.
¶2I concur in the majority’s ruling remanding this matter to the trial court for retrial on the issues of mental retardation and sentencing. For the reasons outlined in my dissent to Head v. Hill, 277 Ga. 255 (587 SE2d 613) (2003), however, I dissent to the majority’s ruling requiring Stripling to establish his mental retardation in the trial court beyond a reasonable doubt.
¶3I am authorized to state that Chief Justice Fletcher and Justice Benham join in this dissent.