STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2019 KW 1495 VERSUS

LAMONT LYLES MAR 0 3 2020 In Re: State of Louisiana, for applying supervisory writs, 16th Judicial District Court, Parish of St. Mary, No. 97- 145919.

BEFORE: WHIPPLE, C. J., GUIDRY AND BURRIS,' JJ.

WRIT GRANTED. After the 2001 amendment to La. R. S.

15: 529. 1 ( A) ( 1) ( b) ( i) , relator' s sentence as a third -felony offender with his predicate convictions would have been for a determinate term not less than two- thirds of the longest possible sentence ( 66 years) and not more than twice the longest possible sentence prescribed for a first conviction ( 198 years).

Relator failed to rebut the presumption that the mandatory minimum sentence is constitutional, nor did he clearly and convincingly show that he is exceptional, meaning that because of unusual circumstances he is a victim of the legislature' s failure to assign sentences that are meaningfully tailored to the culpability of the offender, the gravity of the offense, and the circumstances of the case. See State v. Johnson, 97- 1906 La. 3/ 4/ 98), 709 So. 2d 672; State v. Dorthey, 623 So. 2d 1276 La. 1993) . Therefore, we find merit in the State' s contention that the district its discretion court abused by sentencing relator below the mandatory minimum sentence under the Habitual Offender Law. Accordingly, the 25 year sentence imposed on August 19, 2019 is vacated, and this matter is remanded for the imposition of a sentence as required for a third felony - offender under La. R. S. 15: 529. 1( A)( 1)( b)( i) ( prior to the 2017 amendment).

VGW WJB

Guidry, J., dissents and would deny the writ application.

COURT OF APPEAL, FIRST CIRCUIT

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jub DEPUTY CLERK OF COURT FOR THE COURT

Judge William J. Burris, retired, serving pro tempare by special appointment of the Louisiana Supreme Court.