Bobby Joe Evens v. State
06-15-00081-CR
| Tex. App. | Nov 25, 2015Background
- During a drug trafficking investigation, officers observed Evens and Brigham loading items from a motel room into Evens’ truck and Brigham’s car.
- A drug-dog alerted on the truck’s front door handles, but no drugs were found in the truck.
- Brigham admitted cigars in her car contained marijuana and was arrested; 187.3 grams of crack cocaine were found in her underwear and claimed to belong to Evens.
- Evens was charged and convicted of possession with intent to deliver of 187.3 grams of crack cocaine (4–200 grams range).
- The trial court ordered Evens’ sentence to run consecutively to a prior life sentence.
- On appeal, Evens challenged legal sufficiency and the constitutionality of the consecutive sentencing under the Eighth Amendment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legal sufficiency of evidence linking Evens to contraband | Evens argues Brigham possessed the drugs. | State argues totality of evidence shows links to Evens. | Legally sufficient evidence supports conviction. |
| Constitutionality of cumulation of sentences | Cumulation creates effectively life without parole, grossly disproportionate. | Statutory range allowed; consecutive sentencing permissible. | Cumulated sentences not unconstitutional; not grossly disproportionate. |
Key Cases Cited
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (standard for reviewing legal sufficiency of evidence)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard: rational jury could find elements beyond reasonable doubt)
- Harmelin v. Michigan, 501 U.S. 957 (U.S. 1991) (relevance to gross disproportionality for proportionality analysis)
- McGruder v. Puckett, 954 F.2d 313 (5th Cir. 1992) (framework for gross disproportionality and review of habitual offender sentences)
- Rummel v. Estelle, 445 U.S. 263 (U.S. 1980) (life sentence under recidivist statute upheld as not cruel and unusual)
- Ex parte Davis, 506 S.W.2d 882 (Tex. Crim. App. 1974) (trial court discretion to cumulate sentences within statutory range)
- Vrba v. State, 69 S.W.3d 713 (Tex. App.—Waco 2002) (consideration of prior criminal history in disproportionality analysis)
- Stevens v. State, 667 S.W.2d 534 (Tex. Crim. App. 1984) (Solem factors not necessary when not grossly disproportionate)
- Hicks v. State, 15 S.W.3d 626 (Tex. App.—Houston 2000) (importance of criminal history in punishment considerations)