A defendant who at age 14 attacked and robbed a woman stealing her car and money from her purse claimed that the 30 year prison sentence without parole he received was cruel and unusual.  Middleton v. State, A11A1558.

Middleton pled guilty to armed robbery, aggravated assault, kidnapping and theft by taking.  He was charged with physically and sexually attacking a 54 year-old woman, stealing her car and money from her purse.  The judge sentenced him to a total of 30 years without parole pursuant to O.C.G.A. § 17-10-6.1.  Middleton filed an appeal claiming that the 30 year sentence without parole violated the Eighth Amendment ban on cruel and unusual punishment.  Middleton attempted to rely upon the recent United States Supreme Court case Graham v. Florida, 130 SC 2011 (2010) prohibiting a life without parole sentence on a juvenile who did not commit a homicide. .  The Georgia Court of Appeals held that Graham did not apply because Middleton was not sentenced to life without parole.  Under Georgia law the imposition of a sentence to a term of years without parole is not unconstitutional.  Adams v. State, 288 Ga. 695 (2011).