Garcia v. State

Tufte, Justice.

[¶ 1] Barry Garcia appeals from a district court order summarily dismissing his application for post-conviction relief. He argues his sentence of life imprisonment without the possibility of parole was imposed in violation of the Eighth Amendment and this Court should eliminate his parole restriction or remand for resentenc-ing. We affirm.

I

[¶ 2] On the evening of November 15, 1995, sixteen-year-old Barry Garcia drove around Fargo-Moorhead with three teenage members of the Skyline Pira Bloods street gang. The teens carried with them á sawed-off shotgun owned by the gang and 10…