State v. Guidry
State v. Guidry
Opinion of the Court
*175Denied. The application was not timely filed in the district court, and relator fails to carry his burden to show that an exception applies. La.C.Cr.P. art. 930.8 ; State ex rel. Glover v. State , 93-2330 (La. 9/5/95),
Relator has now fully litigated several applications for post-conviction relief in state court. Similar to federal habeas relief, see
ON SUPERVISORY WRITS TO THE FIFTEENTH JUDICIAL DISTRICT COURT, PARISH OF ACADIA
CRICHTON, J., additionally concurs and assigns reasons:
While I agree with this Court's writ denial and related finality order, I write separately to express my opinion that the Habitual Offender Law was correctly applied in the present case. I have previously expressed concern that "use of the Habitual Offender Law by prosecutors should be cautiously exercised with reasonable discretion." State v. Ellison , 2018-0053, p. 6 (La. 10/29/18),
However, it is my view that the use of the Habitual Offender Law is appropriate for public policy and safety reasons to enhance sentences of convicted felons who repeatedly commit non-violent felony crimes when such recidivism arises to egregious levels. Here, although none of the defendant's previous nine felony convictions are "crimes of violence" as defined by La. R.S. 14:2, the defendant is a proven recidivist to whom the application of a 20-year habitual offender sentence-which is notably the minimum possible sentence under La. R.S. 15:529.1(A)(4) for an adjudicated fourth felony offender-is not unconstitutionally excessive.
Reference
- Full Case Name
- STATE of Louisiana v. Norris L. GUIDRY
- Status
- Published