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STATE v. DAVIS

No. CR-01-0423-PR.

79 P.3d 64 (2003)

206 Ariz. 377

STATE of Arizona, Appellee, v. Anthony Charles DAVIS, Appellant.

Supreme Court of Arizona, En Banc.

October 30, 2003.

Attorney(s) appearing for the Case

Janet A. Napolitano, Arizona Attorney General, by Randall M. Howe, Chief Counsel, Criminal Appeals Section and Joseph T. Maziarz, Assistant Attorney General, and Katia Mehu, Assistant Attorney General, Phoenix, Attorneys for Appellee.

James J. Haas, Maricopa County Public Defender, by Anna M. Unterberger, Deputy Public Defender, Phoenix, Attorneys for Appellant.

OPINION

BERCH, Justice.

¶ 1 We granted review in this case to decide whether sentencing a twenty-year-old defendant to a mandatory minimum sentence of fifty-two years without the possibility of parole for having voluntary sex with two post-pubescent teenage girls is so grossly disproportionate to the crime as to violate the Eighth Amendment's prohibition against cruel and unusual punishment. We hold that it is.

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