State v. Mixon’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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The defendant, in his reply brief, raises a novel question when he asserts that we should strike the state's answering brief and ignore the state's arguments as presented. The defendant reasons that after the state entered into the plea bargain agreement, wherein it agreed to take no position on sentencing, the state cannot now oppose the appeal of the defendant which questions only the sentence imposed upon the defendant. Defendant alleges that when the state appears in this appeal to defend the sentence imposed, such appearance amounts to a breach of the plea bargain agreement. Defendant cites us authority which holds that the state is bound by the plea bargain agreement. We are in agreement with these cases. However, there is no allegation nor can we find any evidence that the state failed to comply with the plea bargain agreement in the trial court proceedings. We do not believe that a plea agreement, wherein the state agrees not to take a position with the trial court relative to sentencing, will later prohibit the state from participation in an appeal where such sentencing is the .issue involved. The defendant is unable to cite any pertinent cases supporting his position and we are unable to find any in point. If we were to adopt defendant's position, the appellate court would be reduced to hearing unilateral appeals in such cases and would not have the benefit of any briefs or argument by the state on any sentencing issues raised by the defendant.”

   1 later decision quote this exact passage
   e.g. 52 Wash. App. 130 - State v. Arko