164 N.C. App. 522 - State v. Byrd’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “While it is true that defendant must normally make specific objections to preserve issues on appeal, our Supreme Court has stated "We shall not require that after a trial is completed and a judge is preparing a judgment or making findings of aggravating factors in a criminal case, that a party object as each fact or factor is found in order to preserve the question for appeal." State v. Canady , 330 N.C. 398 , 402, 410 S.E.2d 875 , 878 (1991). The Canady Court further held that when a defendant argues for sentencing in the mitigated range, no further objection is required to preserve the issue on appeal when the trial judge sentences her in the aggravated range. Id. In the case at bar, defendant argued for a sentence in the mitigated range, but was sentenced from the aggravated range. She properly preserved her right to appeal the trial court's determination of aggravating and mitigating factors.”

   1 later decision quote this exact passage
   e.g. 256 N.C. App. 124 - State v. Meadows

2. “'[T]he statutory maximum sentence for a criminal offense in North Carolina is that which results from . . . findings that the defendant falls into the highest criminal history category for the applicable class offense and that the offense was aggravated[.]”

   1 later decision quote this exact passage
   e.g. 167 N.C. App. 807 - State v. Felton