Basto v. State

¶1 Timothy Sean Basto (Basto) appeals from the order entered by the Eighth Judicial District Court, Cascade County, dismissing his petition for postconviction relief. We affirm.

¶2 We address the following issue on appeal:

¶3 Did the District Court err in dismissing Basto’s petition for postconviction relief, which alleged that his sentence constituted cruel and unusual punishment under the Eighth Amendment of the United States Constitution?

FACTUAL AND PROCEDURAL BACKGROUND

¶4 Basto and co-defendants William Burke and Alfred Smith, inmates at the Cascade County Detention Center, while in their…