What is the test for determining whether a sentence imposed in a particular case violates the constitutional proscription against cruel and/or unusual punishment?
California, United States of America
The following excerpt is from People v. Bator, C085265 (Cal. App. 2020):
Because the determination of whether or not a sentence imposed in a particular case violates the constitutional proscription against cruel and/or unusual punishment is "fact specific, the issue must be raised in the trial court." (People v. DeJesus (1995) 38
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