concurs in the Court’s judgment which affirms the trial court’s judgment of Grammer’s conviction. A separate opinion will not issue. Chief Justice Gray notes, however, that this appeal does not contain any issue or discussion that qualifies it as a published opinion. TRAP 47.4. There are, however, three things that are noteworthy in this opinion. First, several of the footnotes are unnecessary and do nothing more than provide legal counsel to Grammer as to how to potentially obtain relief. Second, the opinion unnecessarily criticizes the ratio deci-dendi of a higher court’s precedent. It is entirely proper for the other members of the Court to criticize Chief Justice Gray’s rationale, but as an intermediate court of appeals Chief Justice Gray believes we should be very careful in expressing criticism of the reasoning for a higher court’s decision by which we are bound. And finally, he finds no need or justification to be critical of the trial court’s considerations and exercise of the trial court’s discretion when a review of that decision is expressly beyond our jurisdiction and is therefore not the proper subject of an issue necessary for the Court’s decision. He would omit the unnecessary portions of the opinion and issue it as a memorandum, do not publish, opinion.