People v. Nieto

STERNBERG, Judge.

The defendant, Arthur M. Nieto, appealed his conviction entered upon a jury verdict finding him guilty of robbery of the elderly and of two habitual criminal counts, for which he received a sentence of not less than 25 years and not more than 25 years and 4 months. While this appeal was pending, alleging the sentence to constitute cruel and unusual punishment, he filed in the trial court a motion for post-conviction review and reduction of the sentence. The trial court denied the motion and defendant also appealed this denial to this court. We consolidated the two appeals. We…