State v. Davis

This is an appeal by the defendant, Dwayne Junior Davis, from an order of the Circuit Court of Wood County sentencing him to life in the penitentiary as a recidivist for breaking and entering. In the present appeal, the defendant claims that the sentence imposed is wholly disproportionate to the crime committed and that the sentence violates the proportionality principle implicit in the cruel and unusual punishment clause of the Eighth Amendment of the Constitution of the United States and in Article III, § 5 of the Constitution of West Virginia. After reviewing the facts of this case and the…