STATE v. BONNER

Nos. 19960, 19961.

577 N.W.2d 575 (1998)

1998 SD 30

STATE of South Dakota, Plaintiff and Appellee, v. Jonathan James BONNER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 1, 1998.


Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Paul Cremer, Assistant Attorney General, Pierre, for plaintiff and appellee.

Debra D. Watson of Watson Law Office, Rapid City, for defendant and appellant.


KONENKAMP, Justice.

[¶ 1.] We are called upon to examine whether imposing the longest possible penitentiary sentence for burglary upon a developmentally disabled offender, whose accomplices received probation, constitutes cruel and unusual punishment. We conclude that under the particular circumstances of this case, the burglary sentence was grossly disproportionate to the offense committed and was thus cruel and unusual under the Eighth Amendment. We reverse...

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