What is the test for challenging a defendant's claim that the challenged penalty is far too high for a less serious crime in other jurisdictions?
California, United States of America
The following excerpt is from People v. Nguyen, No. G040190 (Cal. App. 3/30/2010), No. G040190. (Cal. App. 2010):
Defendant admits he "made no showing that the challenged penalty is far in excess of that imposed in California for less serious crimes or for the same offense in other jurisdictions" (People v. Rhodes (2005) 126 Cal.App.4th 1374, 1391), so we analyze only the first prong of the test, "the nature of the offense and the offender." (People v. Villegas, supra, 92 Cal.App.4th at p. 1230.)
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