State v. Benn

STRUCKMEYER, Chief Justice.

This cause is before us on appeal from a judgment and sentence of the Maricopa County Superior Court, following appellant’s plea of guilty to a charge of burglary in the first degree, with a prior felony conviction of assault to commit rape. The sentence imposed was fifteen years to life.

Appellant contends that this sentence is excessive under the circumstances, and that it constitutes cruel and unusual punishment. We do not think so.

The penalty for burglary of the first degree is set out in A.R.S. § 13-302, which provides for imprisonment in the state prison for…