State v Wilkerson, 232 N.C. App. 482 (Feb. 18, 2014)

he trial court erred by concluding that a 50-year sentence with the possibility of parole on a defendant who was a juvenile at the time the crimes were committed subjected him to cruel and unusual punishment in violation of the Eighth Amendment. The defendant was convicted of second degree burglary (1 count), felonious breaking or entering (3 counts), felonious larceny (four counts), and possession of stolen property (2 counts). Assessing the number of felony convictions, the fact that one was particularly serious, and the fact that the defendant’s conduct involved great financial harm and led to criminal activity on the part of a younger individual, the court concluded that the sentence was not “grossly disproportionate.”