James Michael Keyser v. State
09-14-00397-CR
Tex. App.—WacoAug 12, 2015Background
- James Michael Keyser pleaded guilty to two counts of possession with intent to deliver and one count of unlawful possession of a firearm by a felon; punishment was determined at a separate sentencing hearing.
- Trial court sentenced Keyser to 50 years for the possession counts and 20 years for the firearm count, to run concurrently.
- At punishment, a licensed professional counselor (Augustin Gutierrez) recommended intensive outpatient SAP treatment and testified that inpatient treatment was available; Gutierrez noted Keyser had prior treatment attempts and some progress.
- Keyser admitted to dealing drugs and possession of multiple controlled substances and weapons at arrest; he also admitted prior failed treatment attempts (SAFPF and The Harbor Ministries).
- Keyser moved for new trial on punishment, asserting newly discovered evidence that he "may be accepted" to an inpatient residential treatment program (Cenikor) and arguing his sentence was excessive and violated the Eighth Amendment.
- The trial court denied the motion for new trial; Keyser appealed the denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of a new-trial motion based on newly discovered evidence of inpatient treatment was an abuse of discretion | Keyser: evidence that he may be accepted into inpatient treatment is newly discovered and would likely change sentencing | State/Trial court: evidence was not sufficiently new or likely to change the sentence given existing record of prior treatment failures and trial testimony that inpatient was an option | Denial affirmed — appellant failed to show newly discovered evidence would probably produce a different result |
Key Cases Cited
- Okonkwo v. State, 398 S.W.3d 689 (Tex. Crim. App. 2013) (standard of review for denial of motion for new trial is abuse of discretion)
- Carsner v. State, 444 S.W.3d 1 (Tex. Crim. App. 2014) (elements required to obtain new trial based on newly discovered evidence)
- Jones v. State, 234 S.W.3d 151 (Tex. App.—San Antonio 2007, no pet.) (failure to prove any single element of newly discovered-evidence test permits denial of new trial)