182 N.C. App. 683 - State v. Fraley’s Empirical Analysis
2007
Citation profile
35
cited by 35 later decisions
1
states following
September 2017
most recently cited
34 state decisions
Relationships
Relies on State v. Smith · State v. Vause · 104 N.C. App. 498 - State v. Wallace · Avriett v. Avriett · State v. Hyatt
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) Generally. — 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 court, or with respect to subdivision (b)(7) of this section, the jury, finds to have been proved in accordance with this section. (b) Points. — Points are assigned as follows: (3) For each prior felony Class E, F, or G conviction, 4 points. (4) For each prior felony Class H or I conviction, 2 points. (5) For each prior misdemeanor conviction as defined in this subsection, I point. For purposes of this subsection, misdemeanor is defined as any Class Al and Class 1 nontraffic misdemeanor offense[.] (c)Prior Record Levels for Felony Sentencing. — The prior record levels for felony sentencing are: (5) Level V — At least 15, but not more than 18 points. (d) Multiple Prior Convictions Obtained in One Court Week.— For purposes of determining the prior record level, if an offender is convicted of more than one offense in a single superior court during one calendar week, only the conviction for the offense with the highest point total is used. If an offender is convicted of more than one offense in a single session of district court, only one of the convictions is used.”
3 later decisions quote this exact passage“[i]f all the elements of the present offense are included in any prior offense for which the offender was convicted, whether or not the prior offense or offenses were used in determining prior record level . . . .”
2 later decisions quote this exact passage“an improper conclusion of law, which we review de novo .”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.