Bobby Burrell v. State
12-17-00082-CR
| Tex. App. | Aug 9, 2017Background
- Bobby Burrell pleaded guilty to six counts of aggravated assault with a deadly weapon (second-degree felonies).
- The trial court found him guilty and sentenced him to twenty years' imprisonment on each count, to run concurrently.
- Burrell appealed, arguing his 20-year sentence constituted cruel and unusual punishment and was grossly disproportionate.
- He did not make a timely objection in the trial court asserting cruel and unusual punishment, so the issue was not preserved for appeal.
- The Court of Appeals reviewed the claim nonetheless and concluded the sentence falls within the statutory range for aggravated assault and is not grossly disproportionate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 20-year sentence is cruel and unusual | Burrell: 20 years is grossly disproportionate to his offense | State: Sentence is within statutory range and not constitutionally excessive | Court: Issue waived for preservation; on merits sentence is not cruel or unusual |
Key Cases Cited
- Rummel v. Estelle, 445 U.S. 263 (upheld severe sentence under habitual-offender scheme; used as comparative baseline)
- Solem v. Helm, 463 U.S. 277 (established multi-part proportionality test)
- Harmelin v. Michigan, 501 U.S. 957 (clarified proportionality analysis; required threshold showing of gross disproportionality)
- Rhoades v. State, 934 S.W.2d 113 (waiver of constitutional claims under Texas law)
- Mays v. State, 285 S.W.3d 884 (preservation of error is a threshold appellate requirement)
- McGruder v. Puckett, 954 F.2d 313 (Fifth Circuit: apply threshold gross-disproportionality before Solem factors)
- Jackson v. State, 989 S.W.2d 842 (Tex. App.: applying threshold disproportionality rule)