Cruel and Unusual Maximum Sentence for Misdemeanor
In Haygood v. State, 225 Ga. App. 81, 83 (2) (483 S.E.2d 302) (1997) Haygood involved imposition of 12 months incarceration, a $ 1,000 fine (the maximum imprisonment and fine), and surcharges of $ 200 for Haygood's criminal trespass by cutting her neighbor's hedge and thereby encroaching a foot over their joint property line, which had been a matter of dispute.
The trial court had initially offered Haygood a sentence of a fine of $ 625, 80 hours of community service on probation, and limited contact with her neighbor.
When Haygood announced her intention to appeal, the maximum sentence was imposed.
In light of this fact and because the dispute was basically over a property line, the maximum misdemeanor penalty was found cruel and unusual. McCrosky v. State, 234 Ga. App. 321, 323- 324 (3) (506 S.E.2d 400) (1998).
"'A determinate sentence which falls within statutorily mandated parameters is not subject to attack on Eighth Amendment grounds. Inglett v. State, 239 Ga. App. 524, 529 (9) (521 S.E.2d 241) (1999). See McCrosky, supra.