State v. Mosby

In State v. Johnson, 98-1906, p. 8 (La.3/4/98), 709 So.2d 672, 677, this Court established the. guidelines for when, and under what rare circumstances, district courts may exercise their discretion under State v. Dorthey, 623 So.2d 1276 (La.1993), *1275and depart from the mandatory minimum sentence mandated by the Habitual Offender law. In Johnson, this Court increased, the burden on a defendant to rebut the presumption of constitutionality of mandatory minimum sentences under the Habitual Offender Law by requiring a showing, by clear and convincing evidence, that he or she “is a victim of the…