State ex rel. Walgamotte v. Blackburn

PER CURIAM. Sentence to life without benefit, the maximum under the Habitual Offender Law, LSA-R.S. 15:529.1, for a fourth offender 1 before the court on the non-violent crime of possessing stolen things, LSA-R.S. 14:69, appears to be unconstitutionally excessive. Compare Solem v. Helm, 463 U.S. 277 , 103 S.Ct. 3001 , 77 L.Ed.2d 637 (1983). Defendant’s sentence is vacated and he is to be resentenced complying fully with LSA-C. Cr.P. art. 894.1. SENTENCE VACATED; REMANDED TO TRIAL COURT. . Defendant’s other convictions involved simple burglary, receiving stolen goods, and possession of cocaine with intent to distribute,