Walter Reed v. State
12-17-00152-CR
| Tex. App. | Sep 20, 2017Background
- Walter Reed pleaded guilty to theft (>$1,500 but <$20,000) and received deferred-adjudication community supervision for five years pursuant to a plea agreement.
- In 2014 his deferred adjudication was revoked; he received a two-year sentence that was suspended and was placed back on community supervision for five years.
- The State filed a motion to revoke Reed’s community supervision on December 21, 2016; at the May 1, 2017 hearing Reed pleaded true to several violations.
- The trial court found the allegations true, revoked community supervision, and sentenced Reed to 20 months’ imprisonment (within the statutory 180 days–2 years range for a state jail felony).
- Reed appealed, arguing his 20‑month sentence constituted cruel and unusual punishment (grossly disproportionate).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Reed’s 20‑month sentence after revocation is cruel and unusual (grossly disproportionate) | Reed: 20 months is grossly disproportionate to the theft offense and thus violates the Eighth Amendment | State: Reed failed to preserve the complaint; alternatively, the sentence is within statutory limits and not grossly disproportionate | Court: Issue not preserved, but on the merits the sentence is not cruel and unusual; affirmed |
Key Cases Cited
- Rummel v. Estelle, 445 U.S. 263 (1980) (upholding severe habitual‑offender sentence and guiding proportionality analysis)
- Solem v. Helm, 463 U.S. 277 (1983) (three‑part test for proportionality review)
- Harmelin v. Michigan, 501 U.S. 957 (1991) (limits on Solem test and emphasis on threshold gross‑disproportionality)
- Rhoades v. State, 934 S.W.2d 113 (Tex. Crim. App. 1996) (waiver of constitutional complaints not timely raised)
- Curry v. State, 910 S.W.2d 490 (Tex. Crim. App. 1995) (preservation/waiver of federal constitutional claims)
- McGruder v. Puckett, 954 F.2d 313 (5th Cir. 1992) (applying threshold disproportionality requirement)
- Meadoux v. State, 325 S.W.3d 189 (Tex. Crim. App. 2010) (Eighth Amendment applicability to states via Fourteenth Amendment)
- Robinson v. California, 370 U.S. 660 (1962) (incorporation principles referenced for Eighth Amendment applicability)