How is the narrow proportionality principle applied to a sentence for possession of cocaine?

California, United States of America


The following excerpt is from People v. Mallett, G045094 (Cal. App. 2011):

In applying the narrow proportionality principle to defendant's sentence, we consider "(i) the gravity of the offense and the harshness of the penalty; (ii) the sentences imposed on other criminals in the same jurisdiction; and (iii) the sentences imposed for commission of the same crime in other jurisdictions." (Solem v. Helm (1983) 463 U.S. 277, 292.) Although possession of a small amount of cocaine is neither a violent or serious felony ( 667.5, subd. (c) [list of violent felonies]; 1192.7, subd. (c); [list of serious felonies]), in determining the gravity of the offense and the harshness of the penalty, we look beyond the status of the offense for which the defendant has been sentenced. "In weighing the gravity of [a defendant's] offense, we must place on the scales not only his current felony, but also his long history of felony recidivism." (Ewing v. California, supra, 538 U.S. at p. 29.)

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