State v. Allen

I,The sole issue in this case is whether the district court erred in denying the defendant’s motion for reconsideration of sentence. The Habitual Offender Law in its entirety is constitutional and, accordingly, the minimum sentences it imposes upon multiple offenders are presumed constitutional.1 Courts always retain the power to declare a sentence excessive under Article I, Section 20 of the Louisiana Constitution, but this power is “exercised only when the court is clearly and firmly convinced that the minimum sentence is excessive” 2 and in this case the trial judge chose to impose the…