State v. Rybolt’s Empirical Analysis

Citation profile

38 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is noted that A.R.S. § 13-604 covers many aspects of the sentencing of persistent and repetitive offender. § 13-604(A), for example, is both an enhanced punishment section as well as statute of limitations (10 years), on the use of prior offenses in sentencing. § 13-604 is not a true recidivist statute as the terms is commonly understood. Recidivist statutes have usually been construed to mean that the defendant must have been convicted of a crime before the second crime was committed in order for the statute to apply. See Annotation, 24 A.L.R.2d 1247 . The purpose of such a recidivist statute is to deter crime by serving as a warning to first offenders and to encourage their reformation. Our state legislature has clearly indicated that it was concerned not only with deterring the commission of crime, but also with punishing the persistent or repetitive offender regardless of when the defendant committed the other offense. The statute, § 13-604(B), refers to prior convictions and not prior offenses. So long as the defendant was convicted of the other offense before the conviction in the principal offense, the enhanced punishment provisions of § 13-604(B) are applicable.”

   2 later decisions quote this exact passage
   e.g. State v. Driggs · State v. Driggs

2. ““Convictions for two or more offenses not committed on the same occasion but consolidated for trial purposes, may, at the discretion of the state, be counted as prior convictions for purposes of this section. Convictions for two or more offenses committed on the same occasion shall be counted as only one conviction for purposes of this section.””

   2 later decisions quote this exact passage
   e.g. State v. Sands · State v. Hanson

3. “In the instant case, the various states of mind which underlay appellant’s actions during the time of the offenses are discrete and distinguishable. First, when he entered or remained in the residences with the intent to commit theft or any felony (e.g., sexual assault) therein, he was responsible for the burglaries. A.R.S. § 13-1508. Second, when he thereafter intentionally or knowingly engaged in non-consensual sexual intercourse or oral sexual contact with the victims, he was responsible for sexual assault. A.R.S. § 13-1406. We find no violation of A.R.S. § 13-116.”

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