State v. McKee

OPINION

WADE, Judge.

The defendant, Kenneth McKee, convicted of driving under the influence (second offense), was sentenced to 11 months and 29 days in jail, all but 45 days of which were suspended, and fined $500.00.

In this appeal, the defendant claims that the 45-day jail sentence violates state and federal constitutional prohibitions against cruel and unusual punishment. We disagree.

At the sentencing hearing, the defendant contended that he was claustrophobic. At age 22, the defendant receives social security disability benefits. For the last two *706years, he has received prescription…