Opinion

State v. Bonner

  • 577 N.W.2d 575
  • 1998 SD 30
  • 1998 S.D. LEXIS 32
Court
South Dakota Supreme Court
Filed
Apr 1, 1998
Status
Published
Author
Gilbertson
On the bench
Konenkamp, Miller, Sabers, Amundson, Gilbertson
Cited by
60 cases
Authority
More cited than 0.2%

finding that a maximum sentence of fifteen years for the second degree burglary conviction of a developmentally disabled defendant was disproportionate where his accomplices received probation

How later courts described this case

  • finding that a maximum sentence of fifteen years for the second degree burglary conviction of a developmentally disabled defendant was disproportionate where his accomplices received probation
  • recognizing that “child victims of sex offenses often develop lifelong emotional problems”
  • noting “an extremely deferential review” of sentences such that generally, a sentence “within the statutory maximum will not [be] disturbed on appeal”
  • holding sentence was found grossly disproportionate especially in the absence of violence and menace

Written by the judges who cited it.

The opinion

GILBERTSON, Justice

(concurring specially).

[¶32.] I fully join in the opinion of the Court. I write specially only to emphasize that in the past our overturning of a criminal sentence on the basis of cruel and unusual punishment has been “exceedingly rare” and under the standard adopted today it will continue to be “exceedingly rare.” Solem v. Helm, 463 U.S. 277, 289-90 , 103 S.Ct. 3001, 3009 , 77 L.Ed.2d 637, 649 (1983).

[¶33.] This Court is routinely petitioned for relief from those serving 18 months for multiple no account checks or two years for burglary. These types of sentences never have been cruel and unusual and, under today’s opinion, have no more basis for relief than in the past. State v. Sharp, 577 N.W.2d 333 (S.D. 1998); State v. Pourier, 575 N.W.2d 265 (S.D. 1997); State v. Arguello, 575 N.W.2d 265 (S.D. 1997); State v. Sanchez, 570 N.W.2d 42 (S.D.1997); State v. McDonald, 570 N.W.2d 43 (S.D.1997); State v. Zoll, 570 N.W.2d 246 (S.D.1997); State v. Rosales, 570 N.W.2d 246 (S.D.1997); State v. Miles, 570 N.W.2d 383 (S.D. 1997); State v. Nelson, 570 N.W.2d 383 (S.D. 1997); State v. Whiteaker, 557 N.W.2d 774 (S.D. 1996). * They are not “ ‘grossly disproportionate’ to the crime” but are instead, highly appropriate. See Harmelin v. Michigan, 501 U.S. 957, 1001 , 111 S.Ct. 2680, 2705 , 115 L.Ed.2d 836, 869 (1991) (Kennedy, J., concurring) (quoting in part Solem, 463 U.S. at 303 , 103 S.Ct. at 3016 , 77 L.Ed.2d at 657 ).

These cases were summarily affirmed by this Court when this issue was raised.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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