State v. Bennett
Annotate this CaseAfter a jury trial, Defendant was found guilty of theft by receiving stolen property. The superior court sentenced Defendant to fourteen days in fail and a $500 fine. Defendant appealed, arguing that his sentence was disproportionate to the crime committed and in violation of his equal protection and due process rights. The Supreme Judicial Court affirmed Defendant’s sentence, holding (1) Defendant's sentence was not illegal because it fell within the lower range of the lowest quadrant of the incarceration time authorized by the Legislature for a Class D crime; (2) Defendant’s equal protection claim failed because he did not surpass the threshold requirement of proving that similarly situated individuals are not treated equally; and (3) Defendant’s sentence did not violate his right to due process where the sentence was based on factually reliable information and the court did not deprive Defendant of his opportunity to refute the information relied upon at sentencing.
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