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STATE v. JOHNSON

No. 97-KK-1906.

709 So.2d 672 (1998)

STATE of Louisiana v. Walter JOHNSON.

Supreme Court of Louisiana.

Concurring Opinion March 6, 1998.

Rehearing Denied April 3, 1998.

Attorney(s) appearing for the Case

Richard P. Ieyoub, Atty. Gen., Harry F. Connick, District Atty., Lisa B. Schneider, New Orleans, Patrick L. Banks, Baton Rouge, for applicant.

Arcenious F. Armond, Jr., Gretna, for respondent.

Concurring Opinion of Justice Lemmon, March 6, 1998.

VICTORY, Justice.*

We granted writs of certiorari in this case1 to reexamine the issue of when State v. Dorthey, 623 So.2d 1276 (La.1993), permits a downward departure from the mandatory minimum sentences in LSA-R.S. 15:529.1, the Habitual Offender Law.

FACTS AND PROCEDURAL HISTORY

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