Landaw v. State

The appellant entered a plea of guilty to entering to commit a felony and was sentenced to a term of not less than one nor more than ten years. Several months after his release on parole, he was returned to prison as a parole violator. He thereupon filed a petition for post conviction release seeking to have his sentence set aside and asking for a discharge order.

The appellant argued in his petition that his sentence constituted “cruel and unusual punishment” in that it was not proportional to the offense. This point rests on the fact that entering to commit a felony is a lesser included…