225 N.C. App. 161 - State v. Gardner’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A defendant's prior convictions can be proved, inter alia, by stipulation of the parties. While such convictions often effectively constitute a prior record level, a defendant is not bound by a stipulation as to any conclusion of law that is required to be made for the purpose of calculating that level.”

   2 later decisions quote this exact passage
   e.g. 242 N.C. App. 624 - State v. Edgar · 264 N.C. App. 724 - State v. Salter

2. “moot[s] any issues that could have been raised on appeal as to [the] sentence.”

   2 later decisions quote this exact passage
   e.g. State v. Bunkley · State v. Logan

3. “In her plea agreement, defendant admitted that her prior record level was II, that punishment for the offense could be either intermediate or active in the trial court's discretion and that the trial court was authorized to sentence her to a maximum of forty-four months in prison. By these admissions, defendant mooted the issues of whether her prior record level was correctly determined, whether the type of sentence disposition was authorized and whether the duration of her prison sentence was authorized. Therefore, defendant could not have raised any of the issues enumerated in N.C. Gen.Stat. § 15A-1444(a2) ... in her appeal. Because defendant could not have raised those issues, she had no right to appeal in this case.”

   1 later decision quote this exact passage
   e.g. 242 N.C. App. 624 - State v. Edgar