ROSWELL, N.M. (KRQE - The state Supreme Court has agreed to hear a case arguing a convicted killer is enduring cruel and unusual punishment.
Allen Dwyer was 17 years old when he burglarized a Roswell home and beat to death the homeowner, Tony Quici, 82.
Police had no suspects until two years later when Dwyer turned himself in saying the crime had haunted him.
Dwyer pleaded guilty and was given a 15-year sentence.
His attorney's now argue that sentence is cruel and unusual because Dwyer can only get four days of good time for every month he serves. Most prisoners get 30 days of good time for every month of good conduct.
The Supreme Court hasn't said when it might issue a ruling.
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