T-Roy Quantrell Griffin v. State, 11-17-00005-CR

Appellant T-Roy Quantrell Griffin pleaded guilty to two counts of burglary of a habitation with a deadly weapon: (1) first-degree burglary with intent to commit robbery, (2) second-degree burglary with intent to commit theft.
At disposition the court received a presentence investigation and testimony from family, a former employer, and Appellant urging probation and showing remorse.
Appellant admitted entering the home and robbing occupants at gunpoint; one victim developed PTSD and is fearful to leave home.
Appellant had a prior 2012 conviction for possession of a controlled substance and served 60 days in jail.
The trial court sentenced Appellant to 30 years on the first count and 20 years on the second count.
On appeal the State conceded the two convictions constituted multiple punishments for the same unlawful entry; Appellant also challenged his sentence as cruel and unusual under the Eighth Amendment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the second conviction violates double jeopardy	Griffin: multiple convictions/punishments for same unlawful entry	State: conceded double jeopardy violation	Court: Sustains; vacates second (lesser) conviction and renders acquittal on that count; affirms the greater sentence
Whether a 30-year sentence is cruel and unusual (Eighth Amendment)	Griffin: 30-year (and originally 20-year) sentences are grossly disproportionate and violate evolving standards of decency	State: sentences are within statutory range and supported by offender’s history and offense severity; trial court acted within discretion	Court: Overrules; Appellant forfeited objection by not raising it at trial; alternatively, sentence within statutory range and not grossly disproportionate given facts, so no Eighth Amendment violation

Phillips v. State, 787 S.W.2d 391 (Tex. Crim. App. 1990) (constitutional protection against multiple punishments)
Bigon v. State, 252 S.W.3d 360 (Tex. Crim. App. 2008) (remedy for multiple punishments: keep most serious, vacate others)
Ex parte Cavazos, 203 S.W.3d 333 (Tex. Crim. App. 2006) (unit of prosecution in burglary is unlawful entry; multiple convictions for single entry violate double jeopardy)
Shelby v. State, 448 S.W.3d 431 (Tex. Crim. App. 2014) (most serious offense determined by greatest sentence assessed)
Solem v. Helm, 463 U.S. 277 (U.S. 1983) (Eighth Amendment prohibits grossly disproportionate sentences)
Harmelin v. Michigan, 501 U.S. 957 (U.S. 1991) (limits on proportionality review outside capital cases)
Rummel v. Estelle, 445 U.S. 263 (U.S. 1980) (proportionality challenges to sentences are rare)
State v. Simpson, 488 S.W.3d 318 (Tex. Crim. App. 2016) (sentence within statutory range generally not excessive)
Jackson v. State, 680 S.W.2d 809 (Tex. Crim. App. 1984) (appellate review of sentencing: great discretion to trial court)