39 Kan. App. 2d 194 - State v. Wenzel’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[W]hen a district judge has the discretion to determine whether sentences will be served concurrently or consecutively, if the judge fails to order consecutive sentences at the sentencing hearing, that cannot be done later by the stroke of a pen on the journal entry. State v. Jackson, 262 Kan. 119, 140 , 936 P.2d 761 (1997). On the other hand, when a district judge lacks discretion in a sentencing decision, the failure to announce some aspect of the sentence as to which the judge had no discretion may be corrected later. Thus, in Love [v. State, 280 Kan. 553, 560 , 124 P.3d 32 (2005)], when the district judge failed to announce that the sentences’ were to be served consecutively — but a statute clearly required that they must be — the judge could enter a later journal entry correcting the matter. 280 Kan. at 560-63 .” Wenzel, 39 Kan. App. 2d at 199 .”

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

2. ““The specific [DUI] statute here . . . has no provision allowing the district court to waive the fine, so there would be no purpose in making findings about the defendant’s ability to pay it. It is only when a court imposes more than the minimum fine . . . that the [sentencing] court is required to consider the defendant’s financial resources.” Wenzel, 39 Kan. App. 2d at 202-03 .”

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