172 N.C. App. 839 - State v. Poore’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “neither Blakely nor Allen preclude the trial court from assigning a point in the calculation of one's prior record level where `all the elements of the present offense are included in [a] prior offense.'”

   2 later decisions quote this exact passage
   e.g. 175 N.C. App. 250 - State v. Hanton · 197 N.C. App. 402 - State v. Bailey

2. “is not something that increases the `statutory maximum' within the meaning of Blakely "). However, we agree with defendant and the State that the trial court improperly assessed the additional prior record point under N.C. Gen. Stat. § 15A-1340.14(b)(6), which resulted in an improper calculation of defendant's prior record level. "The prior record level of a felony offender is determined by calculating the sum of the points assigned to each of the offender's prior convictions that the [trial] court . . . finds to have been proved in accordance with this section.”

   1 later decision quote this exact passage
   e.g. 197 N.C. App. 402 - State v. Bailey

3. “The exercise of assigning a point for the reason set forth in G.S. § 15A-1340.14(b)(6) is akin to the trial court's determination that [the] defendant had in fact been convicted of certain prior offenses, and is not something that increases the `statutory maximum' within the meaning of Blakely or Allen .”

   1 later decision quote this exact passage
   e.g. 175 N.C. App. 250 - State v. Hanton