James Miller Keith IV v. State

On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause No. 75031 James Miller Keith IV pleaded guilty to the jury, without the benefit of a plea bargain, to escape. The jury found Keith guilty and assessed as punishment confinement for life in the Texas Department of Criminal Justice, Institutional Division. Because the offense occurred while Keith was incarcerated, the Judge ordered the sentence be served consecutively to the sentence Keith was serving when he committed the escape. The sole issue presented contends the sentence constitutes cruel and unusual punishment in violation of the Eighth Amendment to the United States Constitution and Article 1.09 of the Texas Code of Criminal Procedure. Keith concedes the sentence assessed was within the statutory punishment range, but argues it is cruel and unusual as applied to him because the cumulation of sentences occurred by operation of law regardless of the existence of mitigating circumstances.