Smith's Criminal Case Compendium
Table of Contents
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Thomsen, 242 N.C. App. 475 (Aug. 4, 2015)
aff'd on other grounds, 369 N.C. 22 (Aug. 19, 2016)
The trial court erred by concluding that the defendant’s 300-month minimum, 420-month maximum sentence for statutory rape and statutory sex offense violated the Eighth Amendment. The court concluded: “A 300-month sentence is not grossly disproportionate to the two crimes to which Defendant pled guilty. Furthermore, Defendant’s 300-month sentence … is less than or equal to the sentences of many other offenders of the same crime in this jurisdiction.”