State Of Louisiana v. Randy Lee Turner

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

1

DEPUTY * CLRKOF COURT
FOR THE COURT