Louisiana ex rel. John Esteen v. Louisiana

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Relator John Esteen, along with 22 others, was charged with several drug and racketeering offenses committed in 1998 and 1999. Relator was ultimately found guilty of two counts of possession of cocaine over 400 grams, conspiracy to possess cocaine over 400 grams, and attempted possession of cocaine over 400 grams. The district court sentenced him to consecutive terms of imprisonment at hard labor totaling 150 years. His convictions and sentences were affirmed on appeal. In 2016, relator filed a motion to correct illegal sentences seeking the benefit of more lenient penalty provisions that were enacted by the Louisiana Legislature in 2001, La. Acts 403 (effective June 15, 2001). The legislature later declared La.R.S. 15:308(B) (effective May 16, 2006) would “apply to the class of persons who committed crimes, who were convicted, or who were sentenced” in accordance with enumerated provisions, including those pursuant to which relator was sentenced on three counts. The district court denied the motion and the court of appeal denied writs, relying on Louisiana v. Dick, 951 So.2d 124. On appeal to the Louisiana Supreme Court, Relator contended that La.R.S. 15:308(A) and (B), as revised by the legislature, rendered his sentences for possession of cocaine over 400 grams and attempted possession of cocaine over 400 grams illegal. The Supreme Court found that a more lenient penalty provision applied retroactively in accordance with La.R.S. 15:308(B), and relator’s remedy was by resentencing in the district court pursuant to his motion to correct illegal sentences. Accordingly, his sentence was vacated, and the matter remanded to the district court for resentencing. View "Louisiana ex rel. John Esteen v. Louisiana" on Justia Law