State v. Bonner

KONENKAMP, Justice.

[¶ 1.] We are called upon to examine whether imposing the longest possible penitentiary sentence for burglary upon a developmentally disabled offender, whose accomplices received probation, constitutes cruel and unusual punishment. We conclude that under the particular circumstances of this case, the burglary sentence was grossly disproportionate to the offense committed and was thus cruel and unusual under the Eighth Amendment. We reverse and remand for resentencing on the burglary offense. On the other hand, we affirm the sentence for statutory rape.

FACTS

Elf 2.] Jonathan…