Gracie Ann Mata v. the State of Texas

Summary

The First Court of Appeals of Texas affirmed a ten-year sentence for a third-degree felony DWI offense involving two prior DWI convictions. The court held that the appellant forfeited her Eighth Amendment claim that the sentence was grossly disproportionate because she did not raise it in the trial court. The court affirmed the trial court’s judgment.

Holdings

1. An Eighth Amendment claim that a sentence is grossly disproportionate is subject to ordinary preservation and forfeiture rules and may not be raised for the first time on appeal.

Questions Presented

1. Whether Mata's ten-year sentence for third-degree felony driving while intoxicated with two prior DWI convictions was grossly disproportionate to the offense in violation of the Eighth Amendment.
2. Whether Mata forfeited her Eighth Amendment proportionality claim by failing to raise it in the trial court.

Disposition

affirmed