State v. Pacheco

HOWARD, Presiding Judge.

This appeal is from a resentencing order following a remand from this court. Appellant seeks a reduction of the sentence on Eighth Amendment grounds.

Appellant was originally charged by indictment with aggravated assault, a class 3 felony, and criminal damage, a class 6 felony. The charges arose from a family altercation during which appellant struck the victim and smashed the headlights, taillights and a window of the victim’s vehicle with a pipe. The state also alleged that appellant had two prior felony convictions and that the instant offenses had been committed…