Donald Ray Middleton v. State
07-16-00241-CR
Tex. App.—WacoMar 29, 2017Background
- Appellant Donald Ray Middleton pleaded guilty to his ninth DWI, pleaded true to a deadly-weapon finding and six enhancement allegations (five prior DWI felonies and one controlled-substance felony), and received a life sentence under Texas habitual-offender law.
- The conviction followed an arrest after Middleton, a long-time alcoholic with multiple prior DWI convictions (including an earlier 13-year sentence), collided with another vehicle; no severe injuries resulted.
- Middleton challenged the life sentence as excessive and in violation of the Eighth Amendment’s prohibition on cruel and unusual punishment, arguing the sentence was grossly disproportionate and raising comparisons to Robinson v. California and alleged record deficiencies.
- The State responded that the sentence was within the statutory range for a habitual offender, based on Middleton’s extensive recidivism and the danger posed by drunk driving.
- The court applied the gross-disproportionality (Eighth Amendment) review: evaluate gravity vs. severity, then compare to sentences for similar offenders/jurisdictions if disproportionality appears.
- The court affirmed, finding the life sentence not grossly disproportionate given Middleton’s repeated DWIs, failure to reform after prior sentences, the deadly nature of the offense, and applicable precedent.
Issues
| Issue | Middleton's Argument | State's Argument | Held |
|---|---|---|---|
| Whether Middleton’s life sentence for ninth DWI is cruel and unusual (grossly disproportionate) | Life sentence is excessive and violates the Eighth Amendment; record omissions undermine preservation | Sentence is within statutory range for habitual offender, based on extensive recidivism and public-safety rationale | Affirmed: sentence not grossly disproportionate; Eighth Amendment claim rejected |
Key Cases Cited
- Ex parte Chavez, 213 S.W.3d 320 (Tex. Crim. App. 2006) (describing sentencer’s broad discretion and the limited scope of Eighth Amendment gross-disproportionality review)
- Graham v. Florida, 560 U.S. 48 (2010) (framework for gross-disproportionality review and comparative analysis)
- Robinson v. California, 370 U.S. 660 (1962) (holding punishment for status of addiction is cruel and unusual; does not immunize conduct committed while addicted)