This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
- The Defendant was indicted on thirty felony counts, most of which were committed during multiple car-jackings. He entered a no contest plea to twelve of these counts without any agreement as to the sentence, facing a potential incarceration of up to 59½ years.
Procedural History
- [Not applicable or not found]
Parties' Submissions
- Defendant-Appellant: Argued that his sentence violates the prohibition against cruel and unusual punishment.
- Plaintiff-Appellee: [Not applicable or not found]
Legal Issues
- Whether the Defendant's sentence violates the prohibition against cruel and unusual punishment.
Disposition
- The appeal from the district court judgment, which followed the Defendant's no contest plea to twelve felonies, is affirmed.
Reasons
-
M. Monica Zamora, Judge, with Linda M. Vanzi, Chief Judge, and James J. Wechsler, Judge, concurring, determined that the Defendant's claim of cruel and unusual punishment was not properly presented due to the unconditional plea of guilty, following precedent from the Supreme Court. The Court of Appeals is bound by this precedent, leading to the affirmation of the district court's judgment (paras 1-3).
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