STATE v. HALL

No. 2006-K-1358.

946 So.2d 173 (2007)

STATE of Louisiana v. Larry Gerard HALL.

Supreme Court of Louisiana.

January 12, 2007.


PER CURIAM.

Granted. The record at sentencing does not show clearly and convincingly that the mandatory minimum sentence for a fourth offender required by La.R.S. 15:529.1(A)(1)(c)(I) is unconstitutional as applied to defendant in the present case. The trial court erred in failing to afford the presumption of constitutionality to the mandatory minimum sentence required by the Habitual Offender statute, and the court of appeal erred in deferring to the sentencing discretion...

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