150 N.C. App. 701 - State v. Lee’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “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)(1)-(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.”

   1 later decision quote this exact passage
   e.g. 246 N.C. App. 353 - State v. Sydnor

2. “[i]n determining [an habitual felon's] prior record level, convictions used to establish a person's status as an habitual felon shall not be used.”

   1 later decision quote this exact passage
   e.g. 166 N.C. App. 281 - State v. Johnson