309 Ga. App. 1 - Lester v. State’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) . . . any person convicted of a felony offense in this state or having been convicted under the laws of any other state or of the United States of a crime which if committed within this state would be a felony and sentenced to confinement in a penal institution, who shall afterwards commit a felony punishable by confinement in a penal institution, shall be sentenced to undergo the longest period of time prescribed for the punishment of the subsequent offense of which he or she stands convicted, provided that, unless otherwise provided by law, the trial judge may, in his or her discretion, probate or suspend the maximum sentence prescribed for the offense. [[Image here]] (c) . . . any person who, after having been convicted under the laws of this state for three felonies or having been convicted under the laws of any other state or of the United States of three crimes which if committed within this state would be felonies, commits a felony within this state shall, upon conviction for such fourth offense or for subsequent offenses, serve the maximum time provided in the sentence of the judge based upon such conviction and shall not be eligible for parole until the maximum sentence has been served.”

   1 later decision quote this exact passage
   e.g. 309 Ga. App. 861 - Jefferson v. State

2. “If both apply(, as here,) the trial court must apply both. Thompson v. State, 265 Ga. App. 696, 698 (2) ( 595 SE2d 377 ) (2004). Thus, to the extent that this Court’s decisions in Colbert v. State, 303 Ga. App. 802, 804 ( 694 SE2d 694 ) (2010), Johnson v. State, 285 Ga. App. 590, 591 (3) ( 646 SE2d 760 ) (2007), and Blevins v. State, 270 Ga. App. 388, 394 (5) ( 606 SE2d 624 ) (2004), or any other cases may be understood for the proposition that under OCGA § 17-10-7 (a) and (c), a trial court retains jurisdiction to sentence a recidivist defendant to anything less than the maximum penalty, they are disapproved.”

   1 later decision quote this exact passage
   e.g. 309 Ga. App. 861 - Jefferson v. State

3. “. . . [A]ny person who, after having been convicted ... for three felonies . . ., commits a felony within this state shall, upon conviction for such fourth offense or for subsequent offenses, serve the maximum time provided in the sentence of the judge based upon such conviction and shall not be eligible for parole until the maximum sentence has been served.”

   1 later decision quote this exact passage
   e.g. Allen v. State