2018 ME 59
Me.2018Background
- On March 24–26, 2013, after Lopez and a co-defendant were robbed of drugs/money, Lopez solicited a firearm; the next day a co-defendant (Nguany) shot and killed Charles Raybine.
- Police tied the shooter’s gun to Nguany, who was arrested with the weapon and drugs; Lopez was implicated by texts and association.
- Lopez was indicted for murder and conspiracy, waived indictment, and pleaded guilty to felony murder as part of a cap plea in exchange for dismissal of other charges; the State recommended up to 25 years (all but 15 suspended) and Lopez reserved right to argue for less.
- At sentencing the court imposed 20 years (10 suspended), four years’ probation, and restitution of $6,592.63; co-defendants received different sentences (Nguany 40 years; Mohamed 7 years for conspiracy).
- Lopez appealed, arguing his sentence was (1) unconstitutionally disproportionate under the Maine Constitution and (2) a denial of equal protection because a co-defendant received a much lesser sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proportionality of 20-year sentence for felony murder | Lopez: 20 years is grossly disproportionate to his role and the offense | State/Court: 20 years is within the statutory range for felony murder, supported by facts (drug trade involvement, solicitation of gun, death resulted) | Court: Sentence not unconstitutionally disproportionate; falls within legislative range and consistent with punishment goals |
| Equal protection re: disparate co-defendant sentences | Lopez: Mohamed had a substantially similar role but got 7 years, so Lopez was treated unequally | State/Court: Co-defendants pleaded to different offenses; evidentiary differences supported plea/penalty disparities | Court: No equal protection violation; defendants not similarly situated because of different pleas and evidentiary bases |
Key Cases Cited
- State v. Ward, 21 A.3d 1033 (Me. 2011) (art. I, § 9 disproportionality two-part test and framework)
- State v. Bennett, 114 A.3d 994 (Me. 2015) (appellate review limited to legality, not propriety, of sentence)
- State v. Reardon, 486 A.3d 112 (Me. 1984) (upholding 20-year sentence for felony murder as constitutional)
- State v. Stanislaw, 65 A.3d 1242 (Me. 2013) (compare offense/sentence and when to compare to other sentences)
- State v. Gilman, 993 A.2d 14 (Me. 2010) (use of legislative sentencing range in proportionality review)
- State v. Frye, 390 A.2d 520 (Me. 1978) (foundational proportionality principles)
- Ewing v. California, 538 U.S. 11 (U.S. 2003) (illustrative example of gross disproportionality under Eighth Amendment)