Abell v. State

I respectfully dissent. I believe that the majority has, in reasoning to its conclusion, subordinated the constitutional mandate against cruel and unusual punishment to the legislative power to establish the range of punishment for any given offense. I do not quarrel with the legislature’s authority to establish a statutory range of punishment but it is erroneous, in my opinion, to equate review of sentences with review of statutory ranges of punishment. Except in circumstances where the constitutionality of the statute prescribing the punishment range is challenged, judicial review of…