What is the test for a cruel and/or unusual punishment claim?
California, United States of America
The following excerpt is from People v. Delgado, B284957 (Cal. App. 2019):
5. When reviewing a claim of cruel and/or unusual punishment, the underlying disputed facts must be viewed in the light most favorable to the judgment. (People v. Abundio (2013) 221 Cal.App.4th 1211, 1217.)
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