State v. Williams

GIVAN, Chief Justice.

On February 7, 1980, appellee was tried on a two-count indictment. Count One was for Forgery and Count Two was a charge of habitual offender. Appellee was found guilty on both counts.

On March 3, the trial court sentenced appellee to eight (8) years’ imprisonment on the forgery charge and suspended the thirty (30) year sentence called for under the habitual offender statute. In so doing, the trial judge stated that in his opinion the term of thirty (30) years’ imprisonment was an unconstitutional cruel and unusual punishment. The trial judge also stated he did not see the…