Thursday, July 23, 2020

One Decision from SD Supreme Court today


The SD Supreme Court handed down one decision this morning, holding inter alia:  

1)    90 year sentence imposed upon 17 year old defendant affirmed

Summary follows:

STATE v. QUEVEDO, 2020 S.D. 42:  The trial court’s sentence, imposed after a guilty plea to 2nd degree murder is upheld notwithstanding the young age of the Defendant at the time of the offense.  The trial court’s action and the SD Supreme Court’s ruling is summarily stated in ¶¶ 1 & 42 as follows:

[¶1] Carlos Quevedo pled guilty to second-degree murder in the stabbing death of Kasie Lord. He was 17 years old when he committed the crime. The circuit court sentenced him to 90 years in prison, making him eligible for parole at age 62. Quevedo appeals, claiming his sentence is unconstitutional because it violates categorical limitations placed upon sentences for juveniles and because it is disproportionately harsh. We affirm.   

[¶42] Quevedo’s 90-year discretionary sentence does not offend the Eighth Amendment’s prohibition against cruel and unusual punishment, either as a categorically prohibited mandatory life sentence or as a sentence that is disproportionate to the offense. We affirm.   

The Court’s decision is unanimous, with opinion authored by Justice Salter.
   
This decision may be accessed at