The Eighth District Court of Appeals, sitting en banc, found that Ohio's hybrid sentencing scheme did not implicate the Sixth Amendment as construed in Blakely v. Washington (2004), 124 S.Ct. 2531 and U.S. v. Booker (2005), 125 S.Ct. 738. The findings required to impose a maximum sentence or a nonminimum sentence on a first offender are subjective in nature and not amenable to determination by a trier of fact or admissions in a plea. Additionally, the sentencing factors do not allow a sentence greater than the statutory range. State v. Atkins-Boozer 2005-Ohio-2666, May 31, 2005. State v. Lett 2005-Ohio-2665, May 31, 2005.