Summary
The Texas Eleventh Court of Appeals affirmed Nicholas Ray Leyse’s forty-six-year sentence for manslaughter enhanced by a habitual-offender finding. The court held that the sentence was within the statutory range, was not grossly disproportionate, and was not rendered unjust by the mitigating evidence presented at the punishment hearing.
Holdings
- The sentence was not manifestly unjust. The trial court acted within its broad sentencing discretion, and the mitigating evidence was not so overwhelming as to render the forty-six-year sentence unjust.
- The sentence was not grossly disproportionate.
Questions Presented
- Whether Leyse's forty-six-year sentence for manslaughter was manifestly unjust because it was contrary to the mitigating evidence.
- Whether the trial court's consideration of the evidence and assessment of a sentence within the statutory range rendered the sentence grossly disproportionate or otherwise unjust.
Disposition
affirmed
Cases Cited (8)
- Jackson v. State, 680 S.W.2d 809, 814 (Tex. Crim. App. 1984)(followed)
- Grado v. State, 445 S.W.3d 736, 739 (Tex. Crim. App. 2014)(followed)
- State v. Simpson, 488 S.W.3d 318, 323 (Tex. Crim. App. 2016)(followed)
- Graham v. Florida, Graham v. Florida, 560 U.S. 48, 60 (2010)(followed)
- Ex parte Chavez, 213 S.W.3d 320, 323-24 (Tex. Crim. App. 2006)(followed)
- Sunbury v. State, 88 S.W.3d 229, 233 (Tex. Crim. App. 2002)(followed)
- Lockyer v. Andrade, 538 U.S. 63, 72 (2003)(followed)
- Newman v. State, No. 11-22-00076-CR, 2024 WL 847671 (Tex. App.—Eastland Feb. 29, 2024, no pet.) (mem. op., not designated for publication)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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