141 N.C. App. 177 - State v. Guice’s Empirical Analysis

Citation profile

32 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The defendant in this case first argues in his motion that the enhancement of his sentence under the firearm enhancement statute should be vacated, as the elements required for the enhancements, i.e., that the defendant `used, displayed, or threatened to use or display a firearm at the time of the felony,' N.C.Gen.Stat. § 15A-1340.16A, were not alleged in the second-degree kidnapping indictment. According to the defendant, the omission of such facts rendered the indictment deficient, and the trial court therefore lacked the jurisdiction to impose the firearm enhancement. "The State does not contest that these facts were not alleged in the indictment, but argues that the Apprendi decision does not require such facts to be alleged in the indictment in state cases. Notably, it is the Jones [v. United States, 526 U.S. 227 , 119 S.Ct. 1215 , 143 L.Ed.2d 311 (1999)] decision, concerning the prosecution of a federal crime in federal court, that includes language ... requiring such facts to be charged in the indictment. 526 U.S. at 243 n. [6], 119 S.Ct. at 1224 n. [6], 143 L.Ed.2d at 326 n. [6]. The Apprendi Court, concerning a state prosecution of a state offense in state court, declared only that such facts `must be submitted to the jury, and proved beyond a reasonable doubt.' 530 U.S. at 491, 120 S.Ct. at 2363, 147 L.Ed.2d at 455. The issue of whether the fact in question had to be charged in the indictment was not argued to the United States Supreme Court in Apprendi , wherein t”

   1 later decision quote this exact passage
   e.g. 846 So. 2d 370 - Poole v. State

2. “" Id. at 477 n. 3, 120 S.Ct. at 2356 n. 3, 147 L.Ed.2d at 447 n. 3 (emphasis added). "Thus, the Apprendi decision does not support the defendant's assertion that `[t]he Trial Court did not have jurisdiction to impose the 60 month firearm enhancement' on the grounds that `the facts underlying their imposition were not alleged in the indictments.' Indeed, we are unaware of any United States Supreme Court case which has applied the Due Process Clause of the Fourteenth Amendment in a manner which requires that a state indictment for a state offense must contain each element and fact which might increase the maximum punishment for the crime charged. See State v. Wallace, 351 N.C. 481, 508 , 528 S.E.2d 326, 343 (2000) (upholding the constitutionality of North Carolina's short-form indictment despite a challenge in light of Jones. ) We are similarly unaware of any binding case law from any other federal courts, or from our own state courts, commanding such an outcome under either the United States Constitution or the North Carolina Constitution. The defendant's argument that the trial court was without jurisdiction to impose the 60 month firearm enhancement as the facts underlying the enhancement were not alleged in the indictment for second-degree kidnapping is therefore without merit. See Wallace, 351 N.C. at 508 , 528 S.E.2d at 343 ."”

   1 later decision quote this exact passage
   e.g. 846 So. 2d 370 - Poole v. State

3. “According to our analysis of the process used to determine the statutory maximum sentence for any given offense, the addition of sixty months to the longest minimum sentence results in the addition of at least sixty months to the corresponding statutory maximum sentence, a process which results in an enhanced maximum exceeding that set out in the sentencing charts for a defendant in the highest criminal history category convicted of an aggravated offense [footnote omitted]. This result is forbidden by Jones and Apprendi unless the use of a firearm under the [firearm enhancement] statute is charged in the indictment, proven beyond a reasonable doubt, and submitted to the jury. Accordingly, we hold that in every instance where the State seeks an enhanced sentence pursuant to N.C.G.S. § 15A-1340.16A, it must allege the statutory factors supporting the enhancement in an indictment, which may be the same indictment that charges the underlying offense, and submit those factors to the jury. If the jury returns a guilty verdict that includes these factors, the trial judge shall make the finding set out in the statute and impose an enhanced sentence.”

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