Is defendants life sentence for first degree burglary cruel and unusual punishment?
[¶12] Defendant argues his life sentence for first degree burglary is cruel and unusual punishment. In State v. Bonner, 1998 SD 30, ¶17, 577 NW2d 575, 580 this Court held: [T]o assess a challenge to proportionality we first determine whether the sentence appears grossly disproportionate. To accomplish this, we consider the conduct involved, and any relevant past conduct, with utmost deference to the Legislature and the sentencing court. If these circumstances fail to suggest gross disproportionality, our review ends. If, on the other hand, the sentence appears grossly disproportionate, we may, in addition to examining the other Solem factors, conduct an intra- and inter-jurisdictional analysis to aid our comparison or remand to the circuit court to conduct such comparison before resentencing. We may also consider other relevant factors, such as the effect upon society of this type of offense. (emphasis added) [¶13] Here, the trial court was well aware of the conduct involved with defen
