State v. Sanchez’s Empirical Analysis

Citation profile

4 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In order to rely on an enhancement fact, as defined in ORS 136.760, to increase the sentence that may be imposed upon remand of a case described in section 21(3), chapter 463, Oregon Laws 2005, the state, within a reasonable time before resentencing, shall notify the defendant of its intention to rely on the enhancement fact by providing written notice to the defendant of the enhancement fact and the state's intention to rely on it.”

   1 later decision quote this exact passage
   e.g. 238 Or. App. 523 - State v. Evans

2. “in light of the United States Supreme Court's decisions in Apprendi and Blakely , enhancement facts must be considered `elements' of an aggravated form of the underlying offense and, as such, pursuant to the Oregon Constitution they must be found by a grand jury and pleaded in an indictment.”

   1 later decision quote this exact passage
   e.g. 238 Or. App. 523 - State v. Evans

3. “"[t]he establishment of enhancement facts is pertinent only to sentencing—making defendant eligible for a harsher sentence than could be imposed were those facts not present. They do not, however, relate to the determination of whether a defendant committed the underlying criminal offense."”

   1 later decision quote this exact passage
   e.g. 238 Or. App. 523 - State v. Evans