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STATE v. LARSEN-SMITH

No. 25918.

807 N.W.2d 817 (2011)

2011 S.D. 93

STATE of South Dakota, Plaintiff and Appellee, v. Jason Thomas LARSEN-SMITH, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 21, 2011.

Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Max A. Gors , Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Michelle M. Thomas , Minnehaha County Public Defender's Office, Sioux Falls, South Dakota, Attorneys for defendant and appellant.

GILBERTSON, Chief Justice.

[¶ 1.] Jason Thomas Larsen-Smith appeals his sentence for manslaughter in the first degree. Larsen-Smith was sentenced to life without parole. Larsen-Smith argues the sentence amounts to cruel and unusual punishment in violation of the Eighth Amendment. Because the sentence is within the statutory maximum and does not appear to be grossly disproportionate, the sentence is affirmed.

Facts

[¶ 2.] In the early...

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