James Sample v. State
405 S.W.3d 295
| Tex. App. | 2013Background
- Appellant James Sample was convicted of felony driving while intoxicated (DWI) with enhancements based on two prior misdemeanors and two prior felonies.
- Officer Ward stopped Sample after 911 callers reported harassment by Sample; Ward detected signs of intoxication and found an open beer bottle and alcohol odor in the van.
- Sample was transported to a hospital for a mandatory blood draw; he resisted and had to be restrained for the blood draw.
- Blood analysis showed a BAC of 0.19, significantly above the legal limit.
- A pretrial indictment included two prior DWIs to enhance Sample’s offense; Sample moved to quash one prior based on alleged improper waiver of counsel and jury trial.
- The trial court denied the motions; Sample was found guilty and sentenced to 36 years, with a “true” finding on habitual-felony offender status.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the stop supported by reasonable suspicion? | Sample contends Ward lacked reasonable suspicion to stop him. | State argues the issue was not properly preserved for review. | Issue not preserved; suppression affirmed? overrul. The court held untimely and preserved nothing. |
| Is the indictment valid given the prior waiver issues? | Sample argues a prior DWI is void due to invalid waiver of counsel/jury. | State linked the prior to Sample and showed waiver; burden then shifts to Sample. | Trial court properly denied quash; prior waiver presumed regular; judgment valid. |
| Is 36-year DWI sentence cruel or unusual punishment? | Sample asserts sentence violates Eighth Amendment and Texas equivalents. | State asserts within statutory range and supported by history; proportionality review is limited. | Sentence not cruel or unusual; within range and supported by extensive history. |
Key Cases Cited
- Faretta v. California, 422 U.S. 806 (U.S. 1975) (right to self-representation and waiver of counsel)
- Rummel v. Estelle, 445 U.S. 263 (U.S. 1980) (proportionality in noncapital sentences)
- Garcia v. State, 909 S.W.2d 563 (Tex. App.—Corpus Christi 1995) (burden-shifting for collateral attack on prior convictions)
- Guzman v. State, 955 S.W.2d 85 (Tex. Crim. App. 1997) (standard for reviewing trial-court rulings on waivers)
- West v. State, 720 S.W.2d 511 (Tex. Crim. App. 1986) (presumption of regularity of judgments; waivers)
- Tate v. State, 120 S.W.3d 886 (Tex. App.—Fort Worth 2003) (silence on waiver; burden shifting in waiver disputes)