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Dennis Joseph Buie v. State
Citation: Not availableDocket: 03-01-00365-CR
Court: Court of Appeals of Texas; April 18, 2002; Texas; State Appellate Court
Original Court Document: View Document
Dennis Joseph Buie was convicted of manslaughter and failing to stop and render aid after striking and killing a bicycle rider while driving on an access road in Travis County. Following the incident, Buie fled to his residence in Hays County, where he attempted to conceal evidence by cleaning his vehicle and removing its shattered windshield. He later pleaded guilty to tampering with physical evidence. The district court sentenced him to ten years of imprisonment for the tampering charge, to be served consecutively with a seventeen-year sentence for manslaughter. Buie challenged the constitutionality of his sentence, arguing that it was disproportionate under the Eighth Amendment. He referenced the McGruder v. Puckett case, which outlined a framework for evaluating whether a sentence is disproportionate by first assessing its proportionality to the offense and then comparing it with sentences for similar crimes. Buie contended that if the offenses had been tried together, the sentences would have been served concurrently, as permitted by Texas law. The court acknowledged the trial court's discretionary authority to impose consecutive sentences as per Texas Code of Criminal Procedure. It noted that Buie's argument regarding the prosecution's failure to treat him as a recidivist did not invalidate the imposed punishment, which remained within the legal range for the offense. The court found no compelling evidence to suggest that the sentence was disproportionate or excessive. Consequently, Buie's point of error was overruled, and the judgment of conviction was affirmed.