Zeante Washington v. State, 12-15-00013-CR

Appellant Zeante Washington was convicted by jury of aggravated sexual assault of a child.
Punishment was assessed at 25 years’ imprisonment.
The trial court sentenced Washington to the 25-year term.
Washington challenged the sentence as cruel and unusual punishment.
Claim is that the sentence is excessive and disproportionate to the crime; issue raised on appeal.
Waiver: Washington did not timely preserve the claim of cruel and unusual punishment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is the 25-year sentence for aggravated sexual assault of a child cruel and unusual punishment?	Washington argues the sentence is grossly disproportionate.	State argues no preservation error and that the sentence falls within statutory range.	No cruel and unusual punishment; within statutory range; Solem test threshold not satisfied.

Rhoades v. State, 934 S.W.2d 113 (Tex. Crim. App. 1996) (waiver and error preservation principle in TX Constitution contexts)
Curry v. State, 910 S.W.2d 490 (Tex. Crim. App. 1995) (waiver with regard to rights under US Constitution)
Solem v. Helm, 463 U.S. 277 (U.S. 1983) (establishes proportionality framework for cruel and unusual punishment)
Rummel v. Estell, 445 U.S. 263 (U.S. 1980) (discusses proportionality in habitual offender context)
Harmelin v. Michigan, 501 U.S. 957 (U.S. 1991) (modified Solem approach; threshold gross disproportionality inquiry)
McGruder v. Puckett, 954 F.2d 313 (5th Cir. 1992) (Solem/Harmelin proportionality discussion)
Jackson v. State, 989 S.W.2d 842 (Tex. App.—Texarkana 1999) (Solem framework in Texas appellate context)
Davis v. State, 905 S.W.2d 655 (Tex. App.—Texarkana 1995) (legislature defines crimes and penalties; punishment within range not per se cruel)
Harris v. State, 656 S.W.2d 481 (Tex. Crim. App. 1983) (punishment within statutory range not per se cruel)
Jordan v. State, 495 S.W.2d 949 (Tex. Crim. App. 1973) (early proportionality authority cited in TX cases)