Leslie Lee v. State, 06-15-00004-CR

Appellant Leslie Lee pleaded guilty (open plea) to Theft—Habitual under Tex. Penal Code § 31(e)(4)(D) in Gregg County, Cause No. 42,954-A.
The underlying offense was shoplifting at Wal‑Mart; total value of items taken was $111.74; all items were recovered and returned.
Appellant has prior theft convictions (characterized as remote and minor) and a prior felony DWI that resulted in an eight‑year prison sentence.
At the punishment hearing, appellant emphasized rehabilitation factors: near completion of a college degree and prior lawful employment.
The trial court sentenced Lee to six months’ confinement in a Texas State Jail; appellant appealed, arguing the sentence is grossly disproportionate in violation of the Eighth Amendment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a six‑month state‑jail sentence for misdemeanor shoplifting (value ~$112) with remote prior thefts is cruel and unusual	Lee: sentence is grossly disproportionate to the nonviolent, low‑value theft and thus violates the Eighth Amendment	State: (argued at trial) punishment justified for deterrence and recidivism given prior convictions	Trial court imposed six months’ confinement; appellant seeks reversal on proportionality grounds on appeal

Ingraham v. Wright, 430 U.S. 651 (discusses Eighth Amendment limits on punishment)
Solem v. Helm, 463 U.S. 277 (establishes initial proportionality inquiry comparing offense gravity to penalty)
Ewing v. California, 538 U.S. 11 (addresses proportionality and deference to legislative sentencing schemes)
Harmelin v. Michigan, 501 U.S. 957 (concurrences limiting comparative‑analysis in proportionality review)
Atkins v. Virginia, 536 U.S. 304 (recognizes evolving standards of decency in Eighth Amendment analysis)