What is the test for making a Cruel and unusual punishment claim?

California, United States of America


The following excerpt is from People v. Glines, G053295 (Cal. App. 2017):

As an initial matter, it appears Glines waived this contention by not raising it in the trial court. Cruel and unusual punishment arguments must be raised with the trial court in order to be preserved for appeal. (People v. Norman (2003) 109 Cal.App.4th 221, 229.) "Nonetheless, we shall reach the merits under the relevant constitutional standards, in the interest of judicial economy to prevent the inevitable ineffectiveness-of-counsel claim." (Id. at p. 230.)

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