122 N.C. App. 623 - State v. Bethea’s Empirical Analysis
1996
Citation profile
20 state decisions
How this case has been cited
Cited by 20 later decisions — most recently March 2016
20 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on State Ex Rel. Commissioner of Insurance v. North Carolina Automobile Rate Administrative Office · 119 N.C. App. 529 - Tellado v. Ti-Caro Corp.
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) Generally. — The prior record level of a felony offender is determined by calculating the sum of the points assigned to each of the offender’s prior convictions that the court finds to have been proved in accordance with this section. (b) Points. — Points are assigned as follows: (1) For each prior felony Class A conviction, 10 points. (la) For each prior felony Class B1 conviction, 9 points. (2) For each prior felony Class B2, C, or D conviction, 6 points. (3) For each prior felony Class E, F, or G conviction, 4 points. (4) For each prior felony Class H or I conviction, 2 points. (5) For each prior Class A1 or Class 1 misdemeanor conviction, 1 point, except that convictions for Class 1 misdemeanor offenses under Chapter 20 of the General Statutes, other than conviction for misdemeanor death by vehicle (G.S. 20~141.4(a2)), shall not be assigned any points for purposes of determining a person’s prior record for felony sentencing. (6) If all the elements of the present offense are included in the prior offense, 1 point. (7) If the offense was committed while the offender was on probation or parole, or while the offender was serving a sentence of imprisonment, or while the offender was on escape from a correctional institution while serving a sentence of imprisonment, 1 point.”
3 later decisions quote this exact passage“The chief limitation on the use of G.S. 15A-1340.14 is found in G.S. 14-7.6, which states that “[i]n determining the prior record level, convictions used to establish a person’s status as an habitual felon shall not be used.” G.S. 14-7.6 (1994). This provision recognizes that there are two independent avenues by which a defendant’s sentence may be increased based on the existence of prior convictions. A defendant’s prior convictions will either serve to establish a defendant’s status as an habitual felon pursuant to G.S. 14-7.1 or to increase a defendant’s prior record level pursuant to G.S. 15A-1340.14(b) (l)-(5). G.S. 14-7.6 establishes clearly, however, that the existence of prior convictions may not be used to increase a defendant’s sentence pursuant to both provisions at the same time.”
2 later decisions quote this exact passage“The cardinal rule of statutory construction is that “the intent of the legislature controls the interpretation of a statute.” In determining legislative intent, we “should consider the language of the statute, the spirit of the act, and what the act seeks to accomplish.” We must insure that “the purpose of the legislature in enacting [the statute], sometimes referred to as legislative intent, is accomplished.””
2 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.