What is the test for invalidating a sentence that violates fundamental notions of human dignity?
California, United States of America
The following excerpt is from People v. Moffett, A143724 (Cal. App. 2016):
fundamental notions of human dignity"'" [citation], the court must invalidate the sentence as unconstitutional.' [Citation.]" (People v. Gonzales (2012) 54 Cal.4th 1234, 1300.) "Whether a punishment is cruel and/or unusual is a question of law subject to our independent review, but underlying disputed facts must be viewed in the light most favorable to the judgment. [Citation.]" (People v. Palafox (2014) 231 Cal.App.4th 68, 82.)
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