State v. Neusham

liBARRY, Judge.

The defendant was convicted of possession of cocaine, La.R.S. 40:967, and sentenced to 15 months at hard labor. In this writ application the State argues that the trial court erred in sentencing the defendant to less than the statutory minimum of 30 months under La.R.S. 15:529.1. We grant the application to consider the State’s argument.

In State v. Dorthey, 623 So.2d 1276, 1280 (La.1993), the Louisiana Supreme Court held that if the trial court finds that the punishment mandated by La.R.S. 15:529.1 is constitutionally excessive, the trial court has “the option, indeed the duty,…