State v. Anaya’s Empirical Analysis

Citation profile

86 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 87 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “always striving to `select the rationale that most likely accomplishes the legislative purpose.'”

   2 later decisions quote this exact passage
   e.g. City of Albuquerque v. MUN. BOUNDARY COM'N · State v. Tafoya

2. “E. Every person under first conviction under this section shall be punished, notwithstanding the provisions of Section 31-18-13 NMSA 1978, by imprisonment for not more than ninety days or by a fine of not more than five hundred dollars ($500), or both; provided that if the sentence is suspended in whole or in part or deferred, the period of probation may extend beyond ninety days but shall not exceed one year. Upon a first conviction under this section, an offender may be sentenced to not less than forty-eight hours of community service or a fine of three hundred dollars ($300). The offender shall be ordered by the court to participate in and complete a screening program described in Subsection H of this section and to attend a driver rehabilitation program for alcohol or drugs, also known as a “DWI school”, approved by the traffic safety bureau of the state highway and transportation department and also may be required to participate in other rehabilitative services as the court shall determine to be necessary. In addition to those penalties, when an offender commits aggravated driving while under the influence of intoxicating liquor or drugs, the offender shall be sentenced to not less than forty-eight consecutive hours in jail. If an offender fails to complete, within a time specified by the court, any community service, screening program, treatment program or DWI school ordered by the court, the offender shall be sentenced to not less than an additional forty-eight consec”

   1 later decision quote this exact passage
   e.g. State v. Hernandez

3. “A. For the purposes of this section, “prior felony conviction” means: (1) a conviction for a prior felony committed within New Mexico whether within the Criminal Code or not; or (2) any prior felony for which the person was convicted other than an offense triable by court martial if: (a) the conviction was rendered by a court of another state, the United States, a territory of the United States or the commonwealth of Puerto Rico; (b) the offense was punishable, at the time of conviction, by death or a maximum term of imprisonment of more than one year; or (e) the offense would have been classified as a felony in this state at the time of conviction. B. Any person convicted of a noncapital felony ... who has incurred one prior felony conviction which was part of a separate transaction or occurrence or conditional discharge ... is a habitual offender and his basic sentence shall be increased by one year, and the sentence imposed by this subsection shall not be suspended or deferred. C. Any person convicted of a noncapital felony ... who has incurred two prior felony convictions which were parts of separate transactions or occurrences or conditional discharge ... is a habitual offender and his basic sentence shall be increased by four years, and the sentence imposed by this subsection shall not be suspended or deferred. D. Any person convicted of a noncapital felony ... who has incurred three or more prior felony convictions which were parts of separate transactions or occurrenc”

   1 later decision quote this exact passage
   e.g. State v. Hernandez