People v. Landers

Opinion

THE COURT.

*

Douglas John Landers pleaded guilty to the crime of robbery (Pen. Code, § 211). The court suspended imposition of sentence and granted probation for three years. Later, Landers admitted violating probation; probation was revoked; and he was sentenced to prison for the term prescribed by law for second degree robbery, which is one year to life (Pen. Code, §§ 213, 671).

Landers contends the judgment imposes cruel and unusual punishment, violating the Eighth Amendment to the United States Constitution and article I, section 17, of the California Constitution.

It is apparent from the report of his probation officer

1

that Landers will not rank among infamous brigands. Placing his hand in his jacket pocket and stating he had a gun, he took two bottles of wine, valued at $1.05 per bottle, from a market. He fled to an apartment less than a block from the scene. There, having already imbibed half his booty, he was soon found by police officers. He told the officers he had carried a loaded gun which he hid in a trash can during his brief flight, but the gun could not be found where he said he had concealed it. During interrogation at the robbery division, Landers passed out and was taken to the hospital where his stomach was pumped.

[849]

Landers does not urge a maximum sentence of life imprisonment for second degree robbery constitutes "cruel and unusual punishment in

any

case

(In re Lynch,

8 Cal.3d 410 [105 Cal.Rptr. 217, 503 P.2d 921];

People

v.

Wingo,

14 Cal.3d 169, 176 [121 Cal.Rptr. 97, 534 P.2d 1001]). Rather, he asserts because. Penal Code section 211 prohibits a wide range of culpable conduct, with a correspondingly wide range of punishment, the constitutionality of his sentence should be analyzed in accordance with