State v. Busler

OPINION

HARBISON, Justice.

In this post-conviction proceeding appellant challenges as “disproportionate” his life sentence as a recidivist following his twenty-third felony conviction. We find no merit to this contention and affirm the judgment of the Court of Criminal Appeals which had upheld the sentence.

The challenge to the life sentence is based upon the decision of the United States Supreme Court in Solem v. Helm, 463 U.S. 277, 103 S.Ct. 3001, 77 L.Ed.2d 637 (1983). The State relies upon the earlier case of Rummel v. Estelle, 445 U.S. 263, 100 S.Ct. 1133, 63 L.Ed.2d 382 (1980), and we…