What is the test for determining whether a sentence is grossly disproportionate to the severity of the crime?

The Eighth Amendment of the United States Constitution counsels a similar analysis.¹⁰ Punishments are examined according to a narrow proportionality principle. (People v. Meeks (2004) 123 Cal.App.4th 695, 707.) That principle bars imposition of a punishment that is grossly disproportionate to the severity of the crime. (People v. Cartwright (1995) 39 Cal.App.4th 1123, 1135.) A proportionality analysis considers three criteria, including (1) the gravity of the offense and the harshness of the penalty; (2) the sentence imposed on other criminals in the same jurisdiction; and (3) the sentences imposed for commission of the same crime in other jurisdictions. "'[I]t is only in the rare case where a comparison of the crime committed and the sentence imposed leads to an inference of gross disproportionality that the second and third criteria come into play.' [Citation.]" (People v. Haller (2009) 174 Cal.App.4th 1080, 1088.)

As discussed above, appellant engaged in serious and deadly crimes that could have resulted in the loss of several lives. The fact that no one was actually injured does not diminish the seriousness of the offense. (See People v. Morales, supra,

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