350 S.W.3d 444
Ky.2011Background
- Turpin, a felon, was convicted of possession of a firearm by a convicted felon (KRS 527.040) and found to be a first-degree persistent felony offender (PFO).
- A jury sentenced Turpin to a twenty-year PFO-enhanced term for the firearm offense, based on prior felonies.
- The Commonwealth had offered a plea of seven-and-a-half years; Turpin declined and proceeded to trial on guilt and penalty phases.
- At sentencing, Turpin asserted innocence and the court noted the potential for a long sentence if he proceeded with trial.
- Turpin challenged the twenty-year sentence as cruel and unusual punishment under the Eighth Amendment and Section 17 of the Kentucky Constitution; the trial court and court of appeals denied relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether twenty-year PFO sentence is grossly disproportionate | Turpin argues the sentence is grossly disproportionate given remoteness of prior offenses and nonviolent/low-end offenses. | Commonwealth argues sentence is within statutory range and not grossly disproportionate. | Not grossly disproportionate; within statutory framework. |
| Standard and preservation for reviewing sentence | Turpin asserts palpable error since sentence was not preserved for appeal. | Commonwealth contends review uses palpable-error standard and relief not warranted. | Palpable-error review applied; no relief found. |
Key Cases Cited
- Graham v. Florida, U.S. 130 S. Ct. 2011 (2010) (proportionality principle governs only grossly disproportionate sentences)
- Solem v. Helm, 463 U.S. 277 (1983) (recidivist sentence review for gross disproportionality)
- Ewing v. California, 538 U.S. 11 (2003) (upheld lengthy recidivist sentence for relatively minor offenses)
- Rummel v. Estelle, 445 U.S. 263 (1980) (recidivist sentence upheld for low-value offenses)
- Riley v. Commonwealth, 120 S.W.3d 622 (Ky. 2003) (Section 17 parallels Eighth Amendment; non-extreme sentence upheld)