State v. Castano

JENNINGS, Justice.

Appellant (hereinafter called defendant) pleaded guilty to illegal possession of narcotics, and after a hearing on mitigation was sentenced to 10 to 12 years in the State prison. Defendant appeals on the grounds that the sentence was excessive and by reason thereof sentence was unconstitutional in that it constituted (a) cruel and unusual punishment, (b) a loss of liberty without due process and (c) a denial of equal protection of the laws.

During the hearing it was shown that the defendant had been under surveillance for two years as a strong suspect in selling narcotics to…