State Of Louisiana v. Vernon Karl Mitchell

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2019 Kw 1136

VERSUS

VERNON KARL MITCHELL ,
OCT 18 2019

In Re: State of Louisiana, applying for supervisory writs,

16th Judicial District Court, Parish of St. Mary, No.
95- 142493.

BEFORE: MCCLENDON, WELCH, AND HOLDRIDGE, JJ.

WRIT DENIED.

PMC
GH

Welch, J., concurs. The sentence reductions in 2001 La.
Acts No. 403 and 2002 La. Acts No. 45, are expressly
retroactively applicable to a defendant who committed an offense
prior to 2001. See La. R. S. 15: 308. Respondent committed the
instant offense in 1995 and was sentenced to life imprisonment
as a
third -felony habitual offender pursuant to La. R. S.
15: 529. 1( A)( 1)( b)( ii). Under the amended version of La. R. S.
15: 529. 1( A)( 1)( b)( ii), however, only if the third felony and the
two prior felonies were crimes of violence, a sex offense, or

violations of the controlled dangerous substance law punishable
by imprisonment for ten years or more or
any other crime

punishable by imprisonment for twelve years or more, is a life
sentence mandatory. Only respondent' s instant offense was a

crime of violence and none of the other parts of the statute

applied to him. Accordingly, respondent' s life sentence as a

third -felony habitual offender is for a term longer than

authorized by law. See La. Code Crim. P. art. 881. 5; State ex
rel. Esteen v. State, 2016- 0949 ( La. 1/ 30/ 18), 239 So. 3d 233,
238 ( per curiam). Moreover, there is indication the
no by
legislature that in enacting Subsection K of La. R. S. 15: 529. 1,
it intended to repeal La. R. S. 15. 308 in part. There is no

merit to relator' s argument that 2018 La. Acts No. 542, § 1,
which added Subsection K to La. R. S. 15: 529. 1, implicitly
repealed La. R. S. 15: 308 in part ( ameliorative penalty
provision).

COURT OF APPEAL, FIRST CIRCUIT

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DEPUTY CLERK OF COURT
FOR THE COURT