OPINION
CORNELIA A. CLARK, J., delivered the opinion of the court, in which WILLIAM M. BARKER, C.J., and JANICE M. HOLDER and GARY R. WADE, JJ., joined.
This matter is before us upon remand by the United States Supreme Court for reconsideration in light of that Court's decision in Cunningham v. California, 549 U.S. ___, 127 S.Ct. 856, 166 L.Ed.2d 856 (2007). In our initial disposition of this matter, State v. Gomez,
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