In a Three strikes case, is a sentence for failure to register as a sex offender disproportionate to the current sentence?

California, United States of America


The following excerpt is from People v. Langsdon, G047214 (Cal. App. 2013):

In determining whether a sentence violates the prohibition against cruel and unusual punishment in a Three strikes case, the court must consider a defendant's criminal history. "In light of defendant's individual circumstances and criminal history, the term imposed is not grossly disproportionate to the current offense and does not constitute cruel and unusual punishment in violation of the Eighth Amendment. Nor is the punishment 'so disproportionate to the crime for which it is inflicted that it shocks the conscience and offends fundamental notions of human dignity.'" (People v. Poslof (2005) 126 Cal.App.4th 92, 109, fn. omitted [27-years to life for failure to register as a sex offender affirmed].)

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