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92 Tul. L. Rev. 955 (2017-2018)

handle is hein.journals/tulr92 and id is 1003 raw text is: State v. Guidry: The Louisiana Supreme Court Keeps Jurors in the Dark on Recidivist Sentencing I. OVERVIEW ..................................955 II. BACKGROUND. .......................... ......956 A. A BriefHistory ofInforming Juries on Sentencing in Louisiana. .............................956 B. Applying the Jackson Rule to Sentencing Under the Habitual Offender Law .............. .....957 III. THE CouRT's DECISION ...................... ......962 A. Justice Guidry's Majority Opinion .............962 B. The Guidry and Crichton Concurrences..... .....963 C. The Johnson and Weimer Dissents .............964 IV. ANALYsIS ...................................964 I. OVERVIEW The Orleans Parish District Attorney (OPDA) charged Corei Guidry with multiple felony counts of intent to distribute controlled substances and one felony count of conspiracy to commit simple escape.' Of the charges, the allegation of intent to distribute heroin carries the greatest maximum sentence of ten to fifty years imprisonment.2 However, because of previous felony convictions, Guidry, if convicted again, faces a lengthy mandatory minimum sentence and the possibility of life imprisonment if the prosecution pursues enhanced sentencing sanctioned by Louisiana's Habitual Offender Law (HOL).3 To prevent the defense from disclosing to the jury the potential punishment per the HOL, the prosecution filed a pretrial motion in limine, which the trial court denied.4 The Louisiana Fourth Circuit Court of Appeal then denied the State's writ to review the district court's ruling on the motion5 Subsequently, the State appealed to the Louisiana Supreme Court, which issued a stay and granted the State's writ application.6 In its argument before the Louisiana Supreme Court, the State contended that the court ought to remove the prerogative afforded trial 1. State v. Guidry, 2016-1412, p. 2 (La. 3/15/17); 221 So. 3d 815, 816. 2. Id. 3. Id.; 221 So. 3d at 817. 4. Id.; 221 So. 3d at 816-17. 5. Id.; 221 So. 3d at 817. 6. Id. 955

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