California, United States of America
The following excerpt is from The People v. Flores, B214335, No. TA099668 (Cal. App. 2010):
Flores's is not the " 'rare case in which a threshold comparison of the crime committed and the sentence imposed leads to an inference of gross disproportionality.' " (Ewing v. California, supra, 538 U.S. at p. 30.) As noted, his offenses were extremely serious, involving burglarizing a residence occupied by both children and adults and attempting to sexually molest a 12-year-old child. We do not believe a sentence of life with the possibility of parole is grossly disproportionate to the crime.
7. Application of section 654.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.