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Pike Vs America

482 Words2 Pages

: Petitioner, the State of Arizona, sought review of an order entered by the Superior Court of Maricopa County, Arizona, which granted the defendant Pike’s motion to modify his sentence pursuant to Ariz. R. Crim. P. 32. During the time of the offense, a sentence of one year-life was officially put into place. Pike filed a petition for post-conviction relief to have his sentence altered because he believed that his sentence was cruel and unusual punishment under the Eighth Amendment. The trial court granted Pike’s petition and gave him only 15 to 30 years and the state of Arizona filed a petition for review. On July 10, 1975, the defendant Pike was convicted of possession of dangerous drugs for sale which violated the A.R.S. §§ 32-1970(C), 32-1996(C), and 32-1901, and Pike was sentenced to serve a term of not less than 40 nor more than 50 years in the Arizona State Prison. …show more content…

Pike, 113 Ariz. 511, 557 P.2d 1068 (1976). Upon conviction, the sentencing statute of a person who was convicted of possession of a dangerous drug for sale could face imprisonment in the Arizona prison for one year to life imprisonment. Prior to Pike 's conviction, the statue was amended by the legislature so that possession of a dangerous drug is classified as both a class 2 felony and a second offense, including a prior felony, and serving no more than 21 years plus a presumptive sentence set as up to 10.5 years in length. Pike filed a petition for post-conviction relief to have his sentence altered so that the original sentence imposed would be seen as excessive, and also a cruel and unusual punishment in violation of the Eighth Amendment to the Constitution. Pike also attached to the petition for post-conviction relief an abundance of letters of recommendation from credible sources attesting to his rehabilitation since being

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