What is the standard of review applied by a reviewing court to determine that a sentence is cruel and unusual?

Whether a sentence constitutes cruel and unusual punishment is a question of law. (People v. Hamlin (2009) 170 Cal.App.4th 1412, 1474.) A reviewing court therefore applies the de novo standard of review when determining whether a defendant's sentence is cruel and unusual punishment. (Ibid.)

Defendant compares this case to People v. Mendez (2010) 188 Cal.App.4th 47 (Mendez). Mendez was 18 years old at the time of sentencing and 16 years old at the time he committed his crimes (carjacking, assault with a firearm, second degree robbery,

Page 29