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Lemandale Dewayne Braggs A/K/A Lemandale Dewayne Braggs v. State
Citation: Not availableDocket: 14-17-00674-CR
Court: Court of Appeals of Texas; August 29, 2019; Texas; State Appellate Court
Original Court Document: View Document
Braggs was convicted of possessing 1.18 grams of methamphetamine, classified as a third-degree felony, and received a 99-year sentence due to enhancements from two prior felony convictions. The concurring opinion emphasizes the critical nature of error preservation and adequate briefing, particularly when evaluating the proportionality of a sentence. It highlights that while the legislature defines punishment ranges, the jury assesses penalties, and the trial court imposes sentences, all actions are bound by constitutional limitations. The Eighth Amendment's principle of proportionality is central, indicating that punishments should be commensurate with the offense. The opinion references the Supreme Court's framework from Solem v. Helm, which includes factors for evaluating proportionality claims, such as the severity of the offense and comparisons with sentences for similar crimes in the same and other jurisdictions. The author notes a lack of sufficient information to analyze the constitutionality of Braggs's lengthy sentence in relation to comparable cases, leading to agreement with the majority decision to affirm the sentence. The opinion concludes with a notation that it should not be published.