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California state appeals court finds unconstitutional 84-year prison term for 16-year-old car-jacker

By Douglas A. Berman

As detailed in this San Francisco Chronicle piece, which is headlined "Teen's 84-year sentence overturned by court," at least one California appeals court has extended the Supreme Court's ruling in Graham to a (long) term-of-years sentence. Here is the start of the press article: After the Legislature killed a Bay Area lawmaker's bill to give juveniles serving life sentences a chance at future parole, a state appeals court took a step in the other direction Wednesday by overturning the 84-year prison term of a 16-year-old gang member convicted of robbery and carjacking. The sentence is the practical equivalent of life without possible parole and violates the constitutional ban on cruel and unusual punishment, said the Second District Court of Appeal in Los Angeles...continue to full post

Full post as published by Sentencing Law and Policy on September 02, 2010 (boomark / email).