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Cuvas v. State

The defendant's 20-year sentence, with 10 to serve in prison, for a crime she committed when she was 13 years old, did not amount to cruel and unusual punishment and was not so severe or disproportionate as to shock the conscious.

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Rosa Myra Cuvas was convicted by a jury of armed robbery OCGA § 16-8-41, and she was sentenced to 20 years to serve ten in prison.1 On appeal, she claims that she received ineffective assistance of trial counsel. She also contends that her sentence amounted to cruel and unusual punishment inasmuch as she was 13 years old at the time of the offense. Finding no error, we affirm. Viewed in the light most favorable to the jury’s verdict Drammeh v. State , 285 Ga. App. 545, 546 1 646 SE2d 742 2007, the evidence showed the following. The victim, who worked as a taxi cab driver, responded to Cuvas’s call for a pickup at the Willow Trail Apartments in Gwinnett County. A man got in the front seat of the taxi, and Cuvas and a second man got into the back seat.

After directing the taxi to a dimly lit residential area, the passengers ordered the victim to stop and demanded money. The man in the back seat put a gun to the victim’s head and the man in the front seat took out a knife. According to the victim, Cuvas got out of the vehicle, opened the driver’s side door, checked the victim’s pockets, and took a cell phone.

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