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Try CasePortal for FreeJ. Fox finds that while the trial court erroneously designated vehicular homicide a per se grave or serious offense, its sentence of 29 years in prison did not violate defendant's Eighth Amendment rights against cruel and unusual punishment. The facts of her particular case, which included a history of drunk driving, an excessive blood alcohol level at the time of the accident and the number of injuries sustained to others, allowed for an upward departure from the sentencing guidelines. Affirmed.
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