ACCEPTED
13-15-00208-CR
THIRTEENTH COURT OF APPEALS
CORPUS CHRISTI, TEXAS
7/6/2015 2:22:31 PM
CECILE FOY GSANGER
CLERK
CAUSES 13-15-00208-CR
IN THE THIRTEENTH SUPREME JUDICIAL DISTRICT OF TEXAS AT
FILED IN
13th COURT OF APPEALS
CORPUS CHRISTI/EDINBURG, TEXAS
CORPUS CHRISTI, TEXAS
7/6/2015 2:22:31 PM
CECILE FOY GSANGER
Clerk
VIRGINIA FAYE HOLLOWAY, APPELLANT
VS.
THE STATE OF TEXAS, APPELLEE
APPELLANT’S BRIEF
Trial Cause 14-7-9253
Jackson Co. District Court
Submitted by
W. A. (BILL) WHITE
Attorney for Appellant
POB 7422, Victoria, TX 77903
(361) 575-1774 voice & fax
TBN 00788659
ORAL ARGUMENT NOT REQUESTED
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IDENTITY OF PARTIES AND COUNSEL
Appellant was represented at trial by Ms. Brenna
Crane, Attorney at Law, 302 West Forrest Street,
Victoria, TX 77901. Appellant is represented on appeal
by Mr. W. A. (Bill) White, Attorney at Law, POB 7422,
Victoria, TX 77903-7422.
During trial, appellant was a resident of Victoria
County, Texas. Appellant is now incarcerated in
IDTDCJ.
The State was represented at trial by Mr. Robert E.
Bell, D.A. and Ms. Pam Guenther, A.D.A. of the Jackson
County District Attorney’s Office, 115 W. Main Street,
Room 205, Edna, TX 77957. Appellant anticipates that
Mr. Jim Vollers, Attorney at Law, 2201 Westover Road,
Austin, TX 78703, will handle the State’s reply brief
in this cause.
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TABLE OF CONTENTS
Page
Index of Authorities 4
Appellant’s Brief 5
Statement of Case and Statement of Facts 5
Issue Presented 6
Summary of Argument 7
Argument 7
Sole Issue 7
Prayer 9
Certificate of Service 9-10
Certificate of Compliance 10
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INDEX OF AUTHORITIES
Cases Page
Coker v. Georgia, 433 U.S. 584 (1977) 8
Solem v. Helm, 463 U.S. 277 (1983) 8
Trop v. Dulles, 356 U.S. 86 (1958) 9
Weems v. United States, 217 U.S. 349 (1910) 8
Constitutional Provisions
U.S. Const. amend VIII 8
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CAUSE 13-15-00208-CR
Trial Cause 14-7-9253
VIRGINIA FAYE HOLLOWAY, Appellant IN THE THIRTEENTH
VS. COURT OF APPEALS AT
THE STATE OF TEXAS CORPUS CHRISTI, TEXAS
APPELLANT’S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
COMES NOW APPELLANT, VIRGINIA FAYE HOLLOWAY,
through counsel, W. A. (BILL) WHITE, Attorney at Law,
showing:
STATEMENT OF CASE AND STATEMENT OF FACTS
Appellant was indicted in July 2014 for felony DWI.
The indictment alleged a prior felony conviction in an
enhancement paragraph, making the offense one of repeat
felony offender, a second degree felony (2 to 20 years
in IDTDCJ and up to a $10,000 fine). (RR Vol. 2, pp. 4-
10).
Four previous DWI convictions were used to
initially enhance the instant offense, normally a
misdemeanor, into a felony. The indicted DWI was
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alleged to have occurred on or about 6/09/14 in Jackson
County, Texas.
Appellant, with the assistance of counsel, pled
“guilty” to her indictment without plea agreement on
2/17/15 in open court, and “true” to all enhancement
paragraphs. (RR Vol. 2, p. 5 and 9). Appellant also
waived her right to a jury on guilt/innocence. (RR Vol.
2, p. 4, lines 18-21).
The issue of punishment was tried before the bench
on 2/18/15. (RR Vol. 3). Both sides presented
evidence. At the conclusion of evidence and argument,
the trial court assessed punishment at 10 years IDTDCJ
plus court costs. (RR Vol. 3, pp. 49-50). Appellant
appealed.
ISSUE PRESENTED
APPELLANT’S SENTENCE OF 10 YEARS IN PRISON CONSTITUTES
CRUEL AND UNUSUAL PUNISHMENT
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SUMMARY OF ARGUMENT
Appellant is an alcoholic who should have received
a prison sentence shorter than 10 years under evolving
standards of decency echoed in the eighth amendment.
ARGUMENT
SOLE ISSUE
Testimony at the punishment phase revealed an older
woman with a long history of alcoholism. Appellant had
a history of numerous contacts with law enforcement
involving alcohol abuse and sometimes firearms. She
can be heard during and after her arrest on 6/09/14,
talking loudly and drunkenly in the patrol car which
transported her to the Jackson County jail. (RR, SX-6)
Appellant’s trial lawyer argued that appellant
should be given the minimum sentence allowed by law in
this cause, only 2 years in prison. (RR Vol. 3, pp. 48-
49).
Appellant concedes that no objection on cruel and
unusual punishment grounds was lodged by trial counsel
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when she was sentenced to 10 years in prison. This
being said, her sentence is disproportionate to her
crime.
The constitutional principal of proportionality has
been recognized explicitly in the U.S. Supreme Court
for over a hundred years. See generally Weems v. United
States, 217 U.S. 349 (1910). A criminal sentence must
be proportionate to the crime for which the defendant
has been convicted. Solem v. Helm, 463 U.S. 277, 291
(1983). A court must consider the severity of the
penalty in deciding whether it is disproportionate.
See, e.g., Coker v. Georgia, 433 U.S. 584, 598 (1977).
The prohibition against cruel and unusual punishment is
contained in the eighth amendment to the federal
constitution. See U.S. Const. amend VIII.
Given that alcoholism is a disease, appellant
should have received less than 10 years in prison.
While alcoholism has a behavioral component (i.e., the
afflicted chooses to drink), it is still a sickness,
and so is different from crimes such as theft or
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assault, which are criminalized violations of moral
codes common to all societies and cultures.
Applying the evolving standards of decency that
mark the progress of a maturing society [see generally
Trop v. Dulles, 356 U.S. 86 (1958)], appellant’s prison
sentence in this cause should be vacated and rendered
for less than 10 years.
PRAYER
Appellant prays that her sentence be vacated in
this cause and rendered for less than 10 years.
Respectfully submitted,
/s/ W. A. White
W. A. (BILL) WHITE
ATTORNEY FOR APPELLANT
POB 7422, Vict., TX 77903
(361) 575-1774 voice/fax
TBN 00788659
CERTIFICATE OF SERVICE
I certify that a true and correct copy or duplicate
original of the foregoing has been provided to Mr.
Robert E. Bell, D.A., Jackson Co. District Attorney’s
Office, 115 W. Main Street, Room 205, Edna, TX 77957
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via U.S. mail, fax, electronic delivery, or hand-
delivery on this the 6th day of July 2015.
/s/ W. A. White
W. A. White
CERTIFICATE OF COMPLIANCE
I certify that this brief contains 980 words.
/s/ W. A. White
W. A. White
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