Arriaga v. State, 335 S.W.3d 331

Arriaga pleaded guilty to a first-degree felony, aggravated sexual assault of a child under 14, receiving deferred adjudication and five years of community supervision.
The State later moved to adjudicate guilt based on alleged violations of community supervision; Arriaga admitted to the allegations, and the trial court adjudicated guilt and sentenced him to life imprisonment.
Arriaga was indicted on four counts; the plea to one count led to dismissal of the others; immigration detainer and deportation occurred during the pendency.
Upon re-entry to the U.S. in 2009, immigration status and prior deportation were invoked; he was extradited to Harris County for the current proceedings.
At punishment, Arriaga testified about misunderstanding of supervision requirements and contact with victims by telephone; the State sought a minimum 35-year term.
The trial court sentenced Arriaga to life imprisonment and certified his right to appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the life sentence for aggravated sexual assault of a child under 14 violates the Eighth Amendment	Arriaga argues the life term is grossly disproportionate given his circumstances.	State argues the sentence falls within statutory ranges and is not grossly disproportionate.	Life sentence not grossly disproportionate; within statutory range.
Whether Arriaga received ineffective assistance of counsel at sentencing	Counsel failed to identify a witness (brother) who could testify to good character traits.	Record insufficient to conclude deficient performance or prejudice; no clear hearing on motion for new trial.	No reversal; record insufficient to show ineffective assistance.

Graham v. Florida, 560 U.S. 48 (U.S. 2010) (categorical and proportionality standards for life without parole for non-homicide crimes by juveniles)
Harmelin v. Michigan, 501 U.S. 957 (U.S. 1991) (proportionality respect for broad legislative sentencing discretion)
Ewing v. California, 538 U.S. 11 (U.S. 2003) (deferential approach to legislature's sentencing ranges)
Lockyer v. Andrade, 538 U.S. 63 (U.S. 2003) (context for proportionality review (constrained by precedent))
Ex parte Chavez, 213 S.W.3d 320 (Tex.Crim.App. 2006) (Eight Amendment mitigating-evidence considerations in Texas)
Culton v. State, 95 S.W.3d 401 (Tex.App.-Hous. 2002) (proportionality factors for life sentence in sex-offense context)
Holder v. State, 643 S.W.2d 718 (Tex.Crim.App. 1982) (deference to statutory sentencing ranges in proportionality analysis)
Rouse v. State, 300 S.W.3d 754 (Tex.Crim.App. 2009) (motion-for-new-trial evidentiary requirements and need for hearing)