What is the test for determining whether a sentence is grossly disproportionate to the crime?

California, United States of America


The following excerpt is from People v. Buckner, B247411 (Cal. App. 2015):

The determination of whether a particular sentence is grossly disproportionate to the crime requires an analysis of the offense and the offendera fact-based inquiry that must be determined in the trial court. Therefore, defendant's failure to raise this point below constitutes a forfeiture of any right to pursue it on appeal. (People v. Kelley (1997) 52 Cal.App.4th 568, 583.) Although we reject defendant's contention on that basis alone, in any event, it has no merit.

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