State Of Louisiana v. Lamont Lyles

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

Qli4k
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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.