STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2021 KW 0133 VERSUS

RANDY LEE TURNER APRIL 26, 2021

In Re: Randy Lee Turner, applying for supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, No. 717, 086.

BEFORE: GUIDRY, MCCLENDON, AND LANIER, JJ.

WRIT DENIED. The habitual law has been offender found constitutional in its entirety, and the minimum sentences it imposes upon recidivists are also presumed to be constitutional.

State v. Johnson, 97- 1906 ( La. 3/ 4/ 98), 709 So. 2d 672. The defendant has the burden to rebut the presumption that a mandatory minimum sentence is constitutional. This means he must clearly and that his convincingly show situation is exceptional, that because of unusual circumstances, the defendant is a victim of the legislature' s failure to assign sentences that are meaningfully tailored to the of culpability the offender, the gravity of the offense, and the circumstances of the case. Johnson, 709 So. 2d at 676. See also La. R. S.

15: 529. 1( I) ( added by 2017 La. Acts No. 282, § 1, effective 11/ 1/ 17); State v. Dorthey, 623 So. 2d 1276 ( La. 1993). Relator failed to meet his burden of his is showing situation exceptional. Therefore, the district court did not err by denying his motion to correct an illegal sentence.

JMG PMC WIL

COURT OF APPEAL, FIRST CIRCUIT A

DEPUTY * CLRKOF COURT FOR THE COURT