What is the burden of establishing disproportionality in the sentence of a defendant's sentence for possession of a drug with intent to commit a criminal offence?
California, United States of America
The following excerpt is from People v. Sneed, F064257 (Cal. App. 2013):
The court notes that defendant makes no effort to compare his sentence with punishments in other states for the same offense, which it takes as a concession that his sentence withstands a constitutional challenge on either basis. (People v. Crooks (1997) 55 Cal.App.4th 797, 808 [defendant bears burden of establishing disproportionality].)
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