State

Jun 2, 2013 3:25 PM by Jacqui Heinrich, jheinrich@koaa.com

Murderer loses appeal for shorter sentence

GRAND JUNCTION, Colo. (AP) - A 33-year-old man in prison since 1995 for a fatal shooting in Mack has lost his appeal that his 84-year sentence amounts to cruel and unusual punishment.

The Grand Junction Daily Sentinel reports Nathan Lucero argued a U.S. Supreme Court ruling that juveniles can't be sentenced to life without parole for crimes other than homicide should apply to his case. Lucero was 15 when he and another boy shot 36-year-old David White as he slept Nov. 12, 1994.

The appellate court noted that Lucero's crime did include a killing and he received a sentence he could conceivably complete. It also noted Lucero, who pleaded guilty to second-degree murder and other charges, agreed to a sentence of consecutive terms amounting to between 42 and 128 years.

Lucero's claim also should have been filed within 120 days of his sentence.

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