Questione giuridica chiave
Whether the public law appeal was admissible against the cantonal court's finding of abuse of sentencing discretion.
Decisione estratta
No. The complaint in substance concerned the application of federal sentencing law and therefore had to be raised by nullity appeal, not by subsidiary public law appeal.
Motivazione estratta
The cantonal court's review under Art. 415(3) CPP/VD necessarily concerned the application of Art. 63 CP. A grievance that the lower court wrongly found a sentencing abuse is thus a grievance of federal law, which is excluded from public law appeal because the remedy is subsidiary.