California Court of Appeal

Sentence for criminal threats, stalking, and assault with a deadly weapon is affirmed where defendant's aggregate sentence of 78 years to life does not: 1) constitute cruel and/or unusual punishment under the Eighth Amendment as the penalty is not grossly disproportionate to the gravity of the offenses; and 2) does not constitute cruel or unusual punishment under the California Constitution.

Appellate Information

• Decided 06/09/2009
• Published 06/09/2009

Judges

• SIMS, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Carol A. Navone, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette and Michael P. Farrell, Assistant Attorneys General, Carlos A. Martinez and David A. Rhodes, Deputy Attorneys General, for Plaintiff and Respondent.