Commonwealth v. Baker

OPINION

Justice McCAFFERY.

At issue in this discretionary appeal is whether the 25-year mandatory minimum sentence of imprisonment imposed for Appellant’s second conviction of possessing child pornography is grossly disproportionate to the crime and, therefore, unconstitutional. We determine that the punishment is not grossly disproportionate to the crime and, accordingly, we affirm.

Appellant was first convicted of possession of child pornography in 2001. That conviction resulted in a sentence of five years’ intermediate punishment which Appellant completed in September 2006. In January 2007,…