143 Or. App. 241 - State v. Allison’s Empirical Analysis

Citation profile

6 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) When, in the case of a felony described in subsection (2) of this section, a court sentences a convicted defendant who has previously been convicted of any felony designated in subsection (2) of this section, the sentence shall not be an indeterminate sentence to which the defendant otherwise would be subject under [Or.Rev.Stat. § 137.120], but, unless it imposes a death penalty under [Or.Rev.Stat. § 163.105], the court shall impose a determinate sentence, the length of which the court shall determine, to the custody of the Department of Corrections. Any mandatory minimum sentence otherwise provided by law shall apply. The sentence shall not exceed the maximum sentence otherwise provided by law in such cases. The convicted defendant who is subject to this section shall not be eligible for probation. The convicted defendant shall serve the entire sentence imposed by the court and shall not, during the service of such a sentence, be eligible for parole or any form of temporary leave from custody. The person shall not be eligible for any reduction in sentence pursuant to [Or.Rev.Stat. § [21.120] or for any reduction in term of incarceration pursuant to [Or.Rev.Stat. § [21.121].”

   1 later decision quote this exact passage
   e.g. 290 F. App'x 73 - Burdge v. Belleque

2. “[TJhis construction comports with the manner in which the term “previous conviction” generally is understood in habitual offender statutes and the manner in which that term, and others like it, have been construed in most other jurisdictions in which habitual offender statutes have been adopted. See, e.g., Arthur W. Campbell, Law of Sentencing § 7:5 at 158 (2d ed. 1991) (“As a matter of logic, before a prior conviction can trigger repeat offender status, the prior must precede the commission of the principal offense.”); Cynthia L. Sletto, Annotation, Chronological or Procedural Sequence of Former Convictions as Affecting Enhancement of Penalty Under Habitual Offender Statutes, 7 ALR 5th 263 , 289 (1992) (“The prevalent view is that enhanced punishment cannot be imposed unless all of the defendant’s prior convictions preceded commission of the principal offense, and each prior offense and conviction occurred in chronological sequence.”).”

   1 later decision quote this exact passage
   e.g. 290 F. App'x 73 - Burdge v. Belleque