Legal Opinion

Ybarra (Perfecto) v. State

Nevada Supreme Court

Decided October 16, 2013No. 62236Unpublished

1Opinion of the Court

Legislature is empowered, within constitutional limits, to define crimes and fix punishments, and this court should not "encroach upon that domain lightly." Schmidt v. State, 94 Nev. 665, 668,

584 P.2d 695, 697

(1978). Consistent with this separation of powers, this court has held that, regardless of its severity, a sentence that is within the statutory limits is not "cruel and unusual punishment unless the statute fixing punishment is unconstitutional or the sentence is so unreasonably disproportionate to the offense as to shock the conscience." Blume v. State, 112 Nev. 472, 475,

915 P.2d 282,…

2Cases cited11 opinions

  1. Solem v. HelmSupreme Court of the United States · 1983
  2. Harmelin v. MichiganSupreme Court of the United States · 1991
  3. Chavez v. StateNevada Supreme Court · 2009
  4. Blume v. StateNevada Supreme Court · 1996
  5. Culverson v. StateNevada Supreme Court · 1979

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