State v. Grubbs

I concur because I cannot distinguish this case from State v. Jones, 705 S.W.2d *50219 (Mo. banc 1986). The affirmance appears to be within the standards this Court has set.

We should recognize that, although § 565.035, RSMo Supp. 1983, (reenacted in 1984 substantially without change) enjoins us to “consider the punishment ...” and to determine “whether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases ...,” there is in fact very little proportionality review at the appellate stage. The test rather seems to be the same as the usual test in appealed cases…