State v. Smith

OPINION

VOSS, Judge.

Defendant Herbert Allen Smith pled guilty to theft, a class 3 felony. He was sentenced to an aggravated term of ten years imprisonment and was ordered to pay $1,833.01 restitution.

Defendant filed a Petition for Post-Conviction Relief pursuant to Rule 32, Arizona Rules of Criminal Procedure, in which he claimed the sentence imposed in his case was cruel and unusual punishment in violation of the Eighth Amendment of the United States Constitution and Article II, Section 15 of the Arizona Constitution. The trial court dismissed Defendant’s petition, claiming that the petition…