California, United States of America
The following excerpt is from People v. Esver, A143397 (Cal. App. 2015):
Defendant, 58 years-old when convicted, also challenges his sentence as a violation of the Eighth Amendment's prohibition against cruel and unusual sentences, as made applicable to the states through the due process clause of the 14th Amendment. Specifically, defendant contends his 115 years-to-life sentence amounts to de facto sentence of life without the possibility of parole, which is unconstitutional under both federal and state law. We conclude, initially, that defendant has forfeited the right to appellate review of this contention by failing to contemporaneously object to his sentence on Eighth or 14th Amendment grounds in the trial court. (People v. Gamache (2010) 48 Cal.4th 347, 403; People v. Mungia (2008) 44 Cal.4th 1101, 1140-1141.) Moreover, we conclude that, even were we to disregard defendant's failure to raise a proper objection, his challenge would nonetheless fail on the merits. The applicable law is not in dispute.
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