ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FOURTH CIRCUIT, PARISH OF ORLEANS

additionally concurs and assigns reasons:

hi agree with the Court’s decision to deny this writ application, as I believe the record supports, the court of appeal’s conclusion that the defendant—convicted of *247possession of marijuana (second offense)1 and flight from an officer—should be adjudicated as a fourth-felony offender. I write separately to point out that this finding does not preclude the trial court from conducting a sentencing hearing to determine whether the defendant is entitled to a downward departure from the statutory minimum sentence. Complying with La. C.Cr.P. art. 894.1(C) and under an appropriate set of facts, I believe a trial court can impose a downward departure for certain non-violent offenses. See, e.g., State v. Guidry, 2016-1412, p. 7 (La. 3/15/17), 221 So.3d 815, 831 (Crichton, J., concurring); State v. Hagans, 2016-0103, p. 1 (La. 10/17/16), 202 So.3d 475 (Crichton, J., concurring); State v. Ladd, 2014-1611, p. 1 (La. 3/27/15), 164 So.3d 184 (Crichton, J., concurring); see also State v. Mosby, 14-2704 (La. 11/20/15), 180 So.3d 1274; State v. Dorthey, 623 So.2d 1276 (La. 1993). However, in this case, successful advocacy on this point may be frustrated by defense counsel.2 As an example, defense counsel’s writ application to this court lacked legal support and was riddled with typographical errors, amounting to nothing more than an unsupported, near incomprehensible court filing. This defendant is entitled to a better showing by his counsel in this important case.