State v. Johnson

hi respectfully concur in the result of the majority’s affirmation of Defendant’s conviction. However, I respectfully dissent from the majority’s finding that Defendant’s mandatory life sentence without the benefit of probation, parole, or suspension of sentence under La. R.S. 15:529.1(A)(4)(b) (a quadruple offender mandatory life sentence) is per se excessive. I would remand the case for an adequate downward departure hearing. Then, if the Defendant meets his burden of establishing that he is exceptional, I would order the district court to resentence Defendant to the longest sentence that…