Legal Opinion · Dissent

State v. Lujan

Court of Appeals of Arizona

Decided August 24, 1995No. Nos. 1 CA-CR 94-0168, 1 CA-CR 94-0169Published

1DissentKleinschmidt, Presiding Judge

Simplified, what happened in this case is this. The seventeen-year-old Defendant, a boy with a bad record and a potential for violence, received a sentence of seventeen years flat for grabbing a thirteen-year-old boy, taking him a short distance into a house, threatening to harm him, and then immediately releasing him unharmed when others told the Defendant to do so. I think the sentence imposed in this case is so disproportionate to the crime that it offends the Eighth Amendment ban against cruel and *563unusual punishment. The case merits a close look at the Defendant’s background and…

2Cases cited13 opinions

  1. Harmelin v. MichiganSupreme Court of the United States · 1991
  2. State v. WhitneyArizona Supreme Court · 1989
  3. State v. BartlettArizona Supreme Court · 1992
  4. State v. JonasArizona Supreme Court · 1990
  5. State v. FloresCourt of Appeals of Arizona · 1984

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