(concurring specially).
I stand by my writings in State v. Gehrke, 491 N.W.2d 421, 425 (S.D.1992) (Henderson, J., dissenting) and State v. Holloway, 482 N.W.2d 306, 311 (S.D.1992) (Henderson, J., concurring in part; dissenting in part), as well as the United States Supreme Court case of Solem v. Helm, 463 U.S. 277, 103 S.Ct. 3001, 77 L.Ed.2d 637 (1983). (Sentences must be proportionate to the crime, not just within the statutory limits). A sentence within statutory limits is not the sole or governing criteria. However, Castaneira did not present statistics or any other evidence to the trial court to strengthen the issue on which he now appeals. See State v. Sheridan, 383 N.W.2d 865, 866 (S.D.1986) (Henderson, J., specially concurring); State v. Rederth, 376 N.W.2d 579, 581 (S.D.1985) (Henderson, J., concurring in result). In light of the circumstances that engulfed this dark day, knowing that Castaneira’s good behavior could get him released as early as October 18, 2000, means he could achieve one of the chief goals of the criminal justice system: Rehabilitation. Holloway at 312. Such a possibility breathes a sigh of relief into his long sentence rather than shocking the conscience.
Inasmuch as the ultimate paragraph of this decision expressed that “the issue of proportionality need not be reached,” the footnote, which concludes the writing, is totally moot.