Virginia Faye Holloway v. State
13-15-00208-CR
| Tex. App. | Aug 3, 2015Background
- Appellant Holloway was indicted for felony driving while intoxicated with a prior DWI conviction enhancing it to a second-degree felony.
- She waived a jury, pled guilty to the court, and admitted an enhancement alleging a prior final felony DWI conviction.
- The trial court found Holloway guilty and sentenced her to ten years in the Texas Department of Criminal Justice.
- Remainder of record shows extensive prior DWI-related offenses, other misdemeanors, and an alcoholism history with unsuccessful probation treatment.
- State argues the sentence is within the statutory range and not cruel or unusual; Holloway argues it is disproportionate and unconstitutional, but preservation of error is contested.
- The State contends any disparity or proportionality argument was not properly preserved for review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 10-year sentence is cruel and unusual punishment. | Holloway contends the sentence is disproportionate and unconstitutional. | State maintains the sentence falls within statutory limits and is not cruel or unusual given prior offenses. | Waived/preserved not, and within statutory range; not cruel or unusual. |
Key Cases Cited
- Contreras v. State, 369 S.W.3d 689 (Tex.App.-Tyler 2012) (nine-year DWI sentence not cruel and unusual under similar context)
- Harmelin v. Michigan, 501 U.S. 957 (Supreme Court 1991) (proportionality limitations in non-death penalty cases discussed)
- Harris v. State, 656 S.W.2d 481 (Tex.Crim.App. 1983) (recidivist/within-range punishment not cruel or unusual)
- Jordan v. State, 495 S.W.2d 949 (Tex.Crim.App. 1973) (proportionality considerations in sentencing)
- Samuel v. State, 477 S.W.2d 611 (Tex.Crim.App. 1972) (early proportionality standards in sentencing review)
- Mercado v. State, 718 S.W.2d 291 (Tex.Crim.App. 1986) (en banc discussion of proportionality and sentencing standards)
- Quintana v. State, 777 S.W.2d 474 (Tex.App.-Corpus Christi 1989) (discusses preservation and review of sentencing challenges)
- Solem v. Solom, 463 U.S. 277 (Supreme Court 1983) (discussion of proportionality in non-death cases)
- Trevino v. State, 174 S.W.3d 925 (Tex.App.—Pet. Ref’d) (proportionality analysis and preservation context referenced)