Virginia Faye Holloway v. State
13-15-00208-CR
Tex. App.Jul 6, 2015Background
- Appellant Virginia Faye Holloway was indicted in July 2014 for felony DWI, enhanced by prior DWI convictions to a second-degree felony (2–20 years).
- The charged offense allegedly occurred on or about June 9, 2014 in Jackson County, Texas.
- Holloway pled guilty and admitted the enhancement allegations; she waived a jury for guilt/innocence.
- Punishment was tried to the bench; the trial court sentenced Holloway to 10 years in the Texas Department of Criminal Justice and court costs.
- Counsel did not object at sentencing on Eighth Amendment (cruel and unusual punishment) grounds; Holloway appealed contesting proportionality of the 10-year term.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Holloway’s 10-year sentence for enhanced DWI constitutes cruel and unusual punishment (Eighth Amendment proportionality) | Holloway: sentence is disproportionate given her alcoholism (a disease) and mitigating facts; evolving standards of decency require a shorter term | State: (not in brief) sentence is lawful under enhancement and statutory range; punishment reflects prior convictions and circumstances | No appellate ruling presented in this brief; appellant urges vacatur/reduction (appeal pending) |
Key Cases Cited
- Weems v. United States, 217 U.S. 349 (historical recognition of proportionality principle)
- Coker v. Georgia, 433 U.S. 584 (consideration of severity of penalty in Eighth Amendment analysis)
- Solem v. Helm, 463 U.S. 277 (proportionality review in cruel and unusual punishment analysis)
- Trop v. Dulles, 356 U.S. 86 (evolving standards of decency guide Eighth Amendment interpretation)