concurring:
I concur in the result and in the opinion of the majority, except for that portion entitled Eighth Amendment. Since we are reversing the majority of Griego’s convictions and remanding for a new trial, it is unnecessary to consider the validity of a sentence of more than 100 calendar years. That portion of the opinion seems to indicate that a sentence can be justified on the grounds of retribution alone, and I believe that is misleading. A judge sentencing a defendant must take into account many factors to make the punishment fit the crime, and retribution is just one of them.