Lane v. State
Decision Date | 17 December 2010 |
Docket Number | CR–07–1354. |
Citation | 66 So.3d 830 |
Parties | Carlton Reashard LANEv.STATE of Alabama. |
Court | Alabama Court of Criminal Appeals |
OPINION TEXT STARTS HERE
Joshua J. Lane, Anniston, for appellant.Troy King, atty. gen., and William D. Little, asst. atty. gen., for appellee.
After Remand from the Alabama Supreme Court
The Alabama Supreme Court in Lane v. State, 66 So.3d 824 (Ala.2010), reversed this Court's decision in Lane v. State, 66 So.3d 812 (Ala.Crim.App.2009), and adopted the views expressed in the dissenting opinions authored by Judge Windom and Judge Main. The Court held that Lane's 120–year sentence was within the statutory range set out in § 13A–5–9(b)(3), Ala.Code 1975, and that Lane, a third-time felony offender, was correctly sentenced for a Class A felony to a term in excess of 99 years. The Supreme Court remanded the case to this Court and directed that we address Lane's claim that his 120–year sentence constitutes cruel and unusual punishment in violation of the Eighth Amendment to the United States Constitution.
“The Eighth Amendment ... contains a ‘narrow proportionality principle’ that ‘applies to noncapital sentences.’ ” Ewing v. California, 538 U.S. 11, 17, 123 S.Ct. 1179, 155 L.Ed.2d 108 (2003), quoting Harmelin v. Michigan, 501 U.S. 957, 996–97, 111 S.Ct. 2680, 115 L.Ed.2d 836 (1991). We recognized this limited principle in Wilson v. State, 830 So.2d 765 (Ala.Crim.App.2001).
In Wilson, a majority of this Court held that a first-time offender's sentence of life imprisonment without the possibility of parole for selling a substance containing morphine constituted cruel and unusual punishment. We noted that in order to conduct a full-scale Solem v. Helm, 463 U.S. 277, 103 S.Ct. 3001, 77 L.Ed.2d 637 (1983), analysis we must first determine whether the sentence is grossly disproportionate to the crime for which the defendant is being sentenced.
830 So.2d at 778 (emphasis added). See Smallwood v. Johnson, 73 F.3d 1343, 1347–48 (5th Cir.1996) ().
Clearly, Lane's sentence does not meet this threshold inquiry—it is not grossly disproportionate to the crime for which Lane was sentenced—murder. Lane was convicted and sentenced under the Habitual Felony Offender Act to 120 years' imprisonment for intentionally murdering Christopher Toson by shooting him in the chest. “Severe, mandatory penalties may be cruel, but they are not unusual in the constitutional sense, having been employed in various forms throughout our Nation's history.” Harmelin v. Michigan, 501 U.S. 957, 994–95, 111 S.Ct. 2680, 115 L.Ed.2d 836 (1991).
“ Adams v. State, 815 So.2d 583, 585 (Ala.Crim.App.2001).
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