State v. Webb’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(d) [I]f it is shown on the trial of a felony offense other than a state jail felony punishable under Section 12.35(a) that the defendant has previously been finally convicted of two felony offenses, and the second previous felony conviction is for an offense that occurred subsequent to the first previous conviction having become final, on conviction he shall be punished by imprisonment in the Texas Department of Criminal justice for life, or for any term of not more than 99 years or less than 25 years. (e) A previous conviction for a state jail felony punished under Section 12.35(a) may not be used for enhancement purposes under Subsections (b), (c), or (d). (Emphasis added).”

   2 later decisions quote this exact passage · from the majority
   e.g. Bunton v. State · Walter Earl Taylor v. State

2. “(1) a deadly weapon ... was used or exhibited during the commission of the offense ...; or (2) the individual has previously been finally convicted of any felony....””

   2 later decisions quote this exact passage · from the majority
   e.g. Bunton v. State · Ford v. State

3. “The punishment for the enhanced offense of felony DWI may then be enhanced under either Tex. Pen.Code § 12.42(a)(3) or (d), in which the sentencing range is increased, not by saying that the offense 'is' a higher offense, but by the words ‘shall be punished for’ a higher offense.”); Ex parte Coleman, 59 S.W.3d 676, 676 (Tex.Crim.App.2001); see also Gibson v. State, 995 S.W.2d 693, 696 (Tex.Crim.App.1999) (prior convictions used for enhance ment purposes under Penal Code Section 12.42(d)”

   1 later decision quote this exact passage · from the majority
   e.g. Ford v. State