Robert Gonzales v. State, 02-15-00032-CR

Appellant Robert Gonzales pled guilty to arson with intent to damage a habitation after surveillance recorded him fleeing a residence fire and gasoline was found on his clothing.
The fire (Dec. 3, 2013) severely damaged the victims' home; occupants escaped; one pet died.
The trial court ordered a presentence investigation and held a punishment hearing on Jan. 26, 2015.
The court imposed an 18-year sentence in TDCJ with a deadly-weapon finding (combustible/flammable liquid); under Texas law this is an aggravated sentence affecting parole eligibility.
Appellant presented mitigating testimony (family, employer) and argues the 18-year term is excessive, cruel and unusual, and disproportionate under the U.S. and Texas Constitutions.

Issue	Plaintiff's Argument (Gonzales)	Defendant's Argument (State)	Held
Whether an 18-year sentence for arson is cruel and unusual / disproportionate	The 18-year sentence is severe for a 34-year-old, disproportionate to the offense, and constitutes cruel and unusual punishment warranting a new punishment hearing	(Not set out in brief; implicit: sentence is within statutory range and supported by facts of severe property destruction and deadly-weapon finding)	Trial court imposed 18 years; appellant seeks reversal and a new punishment hearing (appellate disposition not included in brief)

Acosta v. State, 160 S.W.3d 204 (Tex. App.—Fort Worth 2005) (cited regarding proportionality review)
Calhoun v. State, 214 S.W. 335 (Tex. Crim. App. 1919) (historical Texas authority on punishment limits)
Delacruz v. State, 167 S.W.3d 904 (Tex. App.—Texarkana 2005) (proportionality and sentencing review)
Harmelin v. Michigan, 501 U.S. 957 (U.S. 1991) (U.S. Supreme Court authority on Eighth Amendment proportionality)
Jordan v. State, 495 S.W.2d 949 (Tex. Crim. App. 1973) (Texas case on punishment review)
McGruder v. Puckett, 954 F.2d 316 (5th Cir. 1992) (federal appellate discussion of sentencing and Eighth Amendment)