State v. Bartlett

OPINION

Memorandum Decision of the Court of Appeals, Division Two, filed November 10, 1988, vacated

FELDMAN, Chief Justice.

In State v. Bartlett, 164 Ariz. 229, 240, 792 P.2d 692, 703 (1990) (hereinafter Bartlett I), we held that Joseph Bartlett, Jr.’s forty-year sentence constituted cruel and unusual punishment under the eighth amendment to the United States Constitution. The case is back before this court because the United States Supreme Court vacated our opinion and remanded for further consideration in light of its decision in Harmelin v. Michigan, — U.S.-, 111 S.Ct. 2680, 115 L.Ed.2d 836…