106 Or. App. 557 - State v. Racicot’s Empirical Analysis

Citation profile

2 district · 4 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) A sentence imposed by the court may be made concurrent or consecutive to any other sentence which has been previously imposed or is simultaneously imposed upon the same defendant. The court may provide for consecutive sentences only in accordance with the provisions of this section. A sentence shall be deemed to be a concurrent term unless the judgment expressly provides for consecutive sentences. (2) If a defendant is simultaneously sentenced for criminal offenses that do not arise from the same continuous and uninterrupted course of conduct, or if the defendant previously was sentenced by any other court within the United States to a sentence which the defendant has not yet completed, the court may impose a sentence concurrent with or consecutive to the other sentence or sentences. (3) When a defendant is sentenced for a crime committed while the defendant was incarcerated after sentencing for the commission of a previous crime, the court shall provide that the sentence for the new crime be consecutive to the sentence for the previous crime. (4) When a defendant has been found guilty of more than one criminal offense arising out of a continuous and uninterrupted course of conduct, the sentences imposed for each resulting conviction shall be concurrent unless the court complies with the procedures set forth in subsection (5) of this section. (5) The court has discretion to impose consecutive terms of imprisonment for separate convictions arising out of a continuous and u”

   1 later decision quote this exact passage
   e.g. Kappel v. Palmateer

2. “Each count was alleged to have occurred on or between March 1, 1994 and April 29, 1994 but each count described a separate sexual act.... Sentencing was set for March 10. The sentencing hearing was held March 10 but was then continued until March 13 so that the judge could obtain the recommendation of the PSI writer regarding whether the Petitioner should receive concurrent or consecutive sentences.... During the sentencing the judge imposed consecutive sentences and found that the two crimes constituted a separate harm and danger to the victim and referred to the aggravating factors set forth in the PSI. The record does not show that the consecutive sentences were imposed illegally. The two counts to which the petitioner entered guilty pleas describe two separate sexual acts. While it is not clear from the record whether the two acts occurred on the same day or as part of a continuous and uninterrupted course of conduct, there is still a basis for consecutive sentences. The judges [sic] finding that the separate crimes constituted a separate crime or harm to the victim satisfies the requirement of ORS 137.123(5)(b) which allows consecutive sentences for crimes committed during a continuous and uninterrupted course of conduct if the court finds that the crime for which the consecutive sentence is contemplated caused a qualitatively different harm to the victim than the first crime for which the defendant is sentenced. There is also a factual basis to support this finding sinc”

   1 later decision quote this exact passage
   e.g. Kappel v. Palmateer