Jose Luis Martinez, Jr. v. the State of Texas, 07-19-00388-CR

Late-night high-speed traffic stop: Trooper pursued Appellant after radar detected him 13 mph over limit; Appellant did not stop and ran two red lights.
Appellant crossed the median and entered opposing lanes at high speed, colliding with a vehicle; 13-year-old passenger J.B. died from the crash.
Post-crash testing showed Appellant’s blood alcohol near the legal intoxication threshold and a low concentration of Xanax; Appellant initially refused a blood draw and a warrant was obtained.
Indictment charged murder under Penal Code § 19.02(b)(3) (an act clearly dangerous to human life committed during the commission of a felony—evading arrest with a vehicle).
At trial, jury found Appellant guilty of murder, assessed punishment at 70 years’ confinement and a $10,000 fine; State presented Appellant’s significant prior record (including multiple DWI convictions and prior supervision for sexual assault).
Appellant appealed solely arguing his 70-year sentence is grossly disproportionate and violates the Eighth Amendment’s prohibition on cruel and unusual punishment.

Issue	Appellant's Argument	State's Argument	Held
Whether a 70-year term for murder is grossly disproportionate under the Eighth Amendment	70-year sentence is grossly disproportionate to the offense and thus cruel and unusual punishment	Sentence is within the statutory range, based on informed sentencing judgment, and justified by the offense conduct and prior record	Overruled. Sentence (70 years) is not grossly disproportionate and is affirmed

Winchester v. State, 246 S.W.3d 386 (Tex. App.—Amarillo 2008) (statutory-range sentences are generally not excessive)
Ex parte Chavez, 213 S.W.3d 320 (Tex. Crim. App. 2006) (range-based sentencing largely unassailable except in rare gross-disproportionality cases)
Miller-El v. State, 782 S.W.2d 892 (Tex. Crim. App. 1990) (discussion of sentencing discretion within statutory ranges)
Ham v. State, 355 S.W.3d 819 (Tex. App.—Amarillo 2011) (distinguishing homicide severity for proportionality review)
Graham v. Florida, 560 U.S. 48 (2010) (framework for proportionality analysis; distinguishes homicide from other serious offenses)
State v. Simpson, 488 S.W.3d 318 (Tex. Crim. App. 2016) (analytical factors for proportionality: harm, culpability, prior record)
Martinez v. State, 323 S.W.3d 493 (Tex. Crim. App. 2010) (Legislature sets punishments; courts defer to statutory sentencing ranges)