Commonwealth v. Perez

(dissenting, with whom Cypher, J., joins). I disagree with the court’s conclusion that the defendant’s sentence violates art. 26 of the Massachusetts Declaration of Rights based on the test from Cepulonis v. Commonwealth, 384 Mass. 495 (1981). The ultimate purpose of the three-prong test is to determine whether the punishment is “so disproportionate to the crime that it ‘shocks the conscience.’ ” Diatchenko v. District Attorney for the Suffolk Dist., 466 Mass. 655, 669 (2013), S.C., 471 Mass. 12 (2015), quoting Cepulonis, supra at 497. The sentence in this case is not so disproportionate.

I…