State v. Petrucci’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Similar to NERA, the assault firearms statute mandates the imposition of a period of parole ineligibility that inevitably mil result in a defendant serving greater real time than otherwise could be imposed. Possession of a weapon for an unlawful purpose is a second degree offense, N.J.S.A. 2C:39-4a, for which the sentencing range is five to ten years, N.J.S.A. 2C:43-6a(2), with a five year maximum period of parole ineligibility, N.J.S.A. 2C:43-6b. Because defendant is a first offender, he probably would have been sentenced to no longer than a seven year term of imprisonment with three years of parole ineligibility, were it not for the court’s finding that the offense was committed with an “assault rifle.” As a result, the factual finding that the weapon was an “assault rifle” resulted in the imposition of substantial additional real time upon defendant. Therefore, we conclude that, as in Johnson and Stanton, defendant was entitled to have this finding made by a jury under the beyond a reasonable doubt standard of proof. [ 343 N.J.Super. at 550-51 , 779 A.2d 429 .]”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Petrucci