Tiffany Walnoha v. State
12-16-00300-CR
| Tex. App. | Aug 9, 2017Background
- Tiffany Walnoha pleaded guilty (plea bargain) to second-degree felonies: arson and burglary of a habitation; received ten years deferred adjudication community supervision.
- The State moved to proceed to final adjudication and to revoke supervision; Walnoha pleaded "not true."
- After a revocation hearing the trial court found the State’s allegations true and revoked community supervision.
- The trial court sentenced Walnoha to seven years’ imprisonment, terms to run concurrently.
- On appeal Walnoha argued the seven-year sentence constituted cruel and unusual punishment (grossly disproportionate).
- The Court of Appeals considered preservation of error and the proportionality challenge, and affirmed the trial court’s judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a seven-year sentence after revocation is cruel and unusual (grossly disproportionate) | Walnoha: seven-year sentence is grossly disproportionate to her offenses | State: sentence is within statutory range and not disproportionate; defendant failed to preserve constitutional objection | Court: defendant waived timely preservation; even on merits sentence is not grossly disproportionate and is affirmed |
Key Cases Cited
- Rhoades v. State, 934 S.W.2d 113 (Tex. Crim. App.) (waiver/preservation under Texas Constitution)
- Curry v. State, 910 S.W.2d 490 (Tex. Crim. App.) (waiver of federal constitutional claims)
- Mays v. State, 285 S.W.3d 884 (Tex. Crim. App.) (preservation of error as threshold appellate requirement)
- Solem v. Helm, 463 U.S. 277 (U.S. 1983) (three-part proportionality test)
- Harmelin v. Michigan, 501 U.S. 957 (U.S. 1991) (narrowing proportionality review; threshold requirement)
- Rummel v. Estelle, 445 U.S. 263 (U.S. 1980) (upholding life sentence for relatively small felonies; guides gross-disproportionality analysis)
- McGruder v. Puckett, 954 F.2d 313 (5th Cir.) (application of Harmelin to modify Solem approach)
- Jackson v. State, 989 S.W.2d 842 (Tex. App.) (applying modified proportionality framework)
- Robinson v. California, 370 U.S. 660 (U.S. 1962) (Eighth Amendment applicable to states via Fourteenth Amendment)