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STATE v. DORTHEY

No. 92-KA-3120.

623 So.2d 1276 (1993)

STATE of Louisiana v. Lemuel DORTHEY.

Supreme Court of Louisiana.

September 10, 1993.

Attorney(s) appearing for the Case

Richard P. Ieyoub, Atty. Gen., Harry F. Connick, Dist. Atty., Charmagne A. Padua, Joseph Hassigner, Joseph Lucore, Asst. Dist. Attys., for applicant.

Robert Glass, New Orleans, for respondent.

CALOGERO, Chief Justice.*

The State of Louisiana appeals from a judgment of the Orleans Parish Criminal District Court holding that the Habitual Offender Statute, L.S.A.-R.S. 15:529.1, is unconstitutional because it violates the separation of powers clause of the 1974 Louisiana Constitution. For the following reasons we determine that the statute is not unconstitutional. Nonetheless, because...

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