State v. Smith

The state seeks review of appellee’s re-sentencing for armed robbery after the trial court granted appellee’s motion to correct illegal sentence. The state claims the trial court erred in resentencing appel-lee upon concluding the life sentence without parole imposed after appellee violated his probation for a nonhomicide offense committed before he was eighteen years old constituted cruel and unusual punishment. We disagree and affirm.

In 1986, a jury found appellee guilty of armed robbery with a deadly weapon, a first-degree felony punishable by life imprisonment. The offense was committed…