947 N.W.2d 402
S.D.2020Background
- On Jan. 18, 2017, 17-year-old Carlos Quevedo stabbed convenience-store clerk Kasie Lord repeatedly during an attempted theft; autopsy showed 38 stab wounds and defensive wounds.
- Surveillance video and physical evidence showed Quevedo pursued Lord from the store into the parking lot and continued the attack; he then hid his sweatshirt and later claimed a blackout from drugs/alcohol.
- Quevedo pled guilty to second-degree murder (a Class B felony for juveniles after statutory changes) and accepted a plea recommending a term-of-years sentence.
- At sentencing the court reviewed Miller factors (age, maturity, family environment, rehabilitation potential, crime circumstances), heard mitigation (trauma, substance abuse, school success), and saw the surveillance video.
- The court imposed a 90-year term with parole eligibility in 45 years (eligible for parole at age 62). Quevedo appealed, asserting: (1) categorical Eighth Amendment limits on juvenile sentencing were violated and (2) the sentence is grossly disproportionate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentence violated categorical Eighth Amendment restrictions for juveniles (Miller/Graham/Roper) | State: Court complied with Miller; it considered youth and did not impose mandatory life without parole. | Quevedo: 90-year term is the functional equivalent of life without parole and thus violates juvenile categorical limits. | Affirmed — no categorical violation; Miller factors considered; discretionary term with parole eligibility allowed. |
| Whether the 90-year sentence is grossly disproportionate in violation of the Eighth Amendment | State: Sentence is within statutory limits, parole-eligible, and justified by the brutality and circumstances of the murder. | Quevedo: Length condemns him to die in prison and is disproportionate to second-degree murder conviction. | Affirmed — not grossly disproportionate given the crime’s gravity and parole eligibility. |
Key Cases Cited
- Roper v. Simmons, 543 U.S. 551 (juvenile death penalty unconstitutional)
- Atkins v. Virginia, 536 U.S. 304 (Eighth Amendment prohibits execution of intellectually disabled defendants)
- Graham v. Florida, 560 U.S. 48 (life without parole for juvenile non-homicide offenders unconstitutional)
- Miller v. Alabama, 567 U.S. 460 (mandatory life without parole for juvenile homicide offenders unconstitutional; courts must consider youth-related factors)
- Montgomery v. Louisiana, 136 S. Ct. 718 (Miller made retroactive)
- Solem v. Helm, 463 U.S. 277 (proportionality principle in Eighth Amendment review)
- Harmelin v. Michigan, 501 U.S. 957 (discussion of gross disproportionality standard)
- Estelle v. Gamble, 429 U.S. 97 (Eighth Amendment evolving standards of decency discussion)
- State v. Springer, 856 N.W.2d 460 (S.D. 2014) (Miller factors summarized in state law)
- State v. Diaz, 887 N.W.2d 751 (S.D. 2016) (analysis of de facto life and parole eligibility in juvenile sentencing)
- State v. Jensen, 894 N.W.2d 397 (S.D. 2017) (Eighth Amendment review of juvenile life sentence)
- State v. Charles, 892 N.W.2d 915 (S.D. 2017) (discussion of discretionary life sentences and juvenile offenders)