State v. Winton’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[I]f a person is convicted of any class 6 felony not involving the intentional or knowing infliction of serious physical injury or the use of a deadly weapon or dangerous instrument and if the court, having regard to the nature and circumstances of the crime and to the history and character of the defendant, is of the opinion that it would be unduly harsh to sentence the defendant for a felony, the court may enter judgment of conviction for a class 1 misdemeanor and make disposition accordingly or may place the defendant on probation in accordance with chapter 9 of this title and refrain from designating the offense as a felony or misdemeanor until the probation is terminated. The offense shall be treated as a felony for all purposes until such time as the court may actually enter an order designating the offense as a misdemeanor.”

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

2. “First, the amended portion of [the statute] does not make it a penalty statute. It does not alter the elements of or defenses to a crime. State v. Coconino County Superior Court, 139 Ariz. 422 , 678 P.2d 1386 (1984). Moreover, the amendment to the statute does not affect the period of incarceration for an offense, State v. Brown, 123 Ariz. 406 , 599 P.2d 859 (App.1979), or the length or availability of parole, State v. LaBarre, 125 Ariz. 497 , 610 P.2d 1058 (App.1980). The amendment does not affect restitution or probation. The sole effect of the amendment is to allow the trial court the alternative of deferring the designation of the open-ended offense until termination of probation.”

   1 later decision quote this exact passage
   e.g. State of Arizona v. Patrick James Soriano

3. “The offense [class 6 undesignated] shall be treated as a felony for all purposes until such time as the court may actually enter an order designating the offense a misdemeanor.”

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