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STATE v. BABLER

No. 91-0728-CR.

170 Wis.2d 210 (1992)

487 N.W.2d 636

STATE of Wisconsin, Plaintiff-Respondent, v. Gary S. BABLER, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided July 9, 1992.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Jack C. Hoag of Janesville.

For the plaintiff-respondent the cause was submitted on the briefs of James E. Doyle, attorney general and Michael R. Klos, assistant attorney general.

Before Eich, C.J., Gartzke, P.J., and Sundby, J.

SUNDBY, J.

In this appeal, we decide that the eighth amendment to the United States Constitution1 does not require strict proportionality between crime and sentence; rather, it forbids only extreme sentences that are grossly disproportionate to the crime. Because the trial court imposed a sentence which is not grossly disproportionate to the defendant's crime, and did not otherwise abuse its...

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