State v. Hall

Granted. The record at sentencing does not show clearly and convincingly that the mandatory minimum sentence for a fourth offender required by La.R.S. 15:529.1(A)(l)(e)(I) is unconstitutional as applied to defendant in the present case. The trial court erred in failing to afford the presumption of constitutionality to the mandatory minimum sentence required by the Habitual Offender statute, and the court of appeal erred in deferring to the sentencing discretion of the judge on a record devoid of facts and circumstances demonstrating that defendant is an exceptional victim of the legislature’s…