Does Defendant have a claim that her sentence is an abuse of the Eighth Amendment?
California, United States of America
The following excerpt is from People v. Landix, B244916 (Cal. App. 2014):
3. Defendant also contends that her sentence constitutes cruel and unusual punishment under the Eighth Amendment. However, she forfeited the contention by failing to raise it in the trial court. (People v. Vallejo (2013) 214 Cal.App.4th 1033, 1045.) Were we to consider the claim, we would reject it for the same reasons that the denial of her motion to strike her prior strikes was not an abuse of discretion.
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