What is the test for determining whether a defendant is entitled to a disproportionate sentence?

California, United States of America

The following excerpt is from People v. Frederickson, 258 Cal.Rptr.3d 114, 457 P.3d 1, 8 Cal.5th 963 (Cal. 2020):

"Comparative intercase proportionality review by the trial or appellate courts is not constitutionally required." ( People v. Snow (2003) 30 Cal.4th 43, 126, 132 Cal.Rptr.2d 271, 65 P.3d 749.)

[258 Cal.Rptr.3d 167]
"The capital sentencing scheme does not violate equal protection by denying to capital defendants procedural safeguards that are available to noncapital defendants." ( People v. Thomas (2012) 53 Cal.4th 771, 836, 137 Cal.Rptr.3d 533, 269 P.3d 1109 ( Thomas ).)

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What is the test for determining whether a defendant is entitled to a disproportionate sentence?

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