State v. Williams’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Article 893.1 mandates the enhancement of a sentence to one of two specific minimum terms, without benefit of probation, parole or suspension of sentence, whenever `the court makes a finding that a firearm was used in the commission of a felony and when suspension of sentence is not otherwise prohibited.' By the plain words of the statute, the enhancement provisions of article 893.1 do not apply if the suspension of a defendant's sentence is already prohibited by some other law. See also State v. Victorian, 448 So.2d 1304, 1307 (La.App. 3rd. Cir.1984), on rehearing, writ denied, 452 So.2d 167 (La.1984). Under LSA-C.Cr.P. art. 893, a trial court may suspend the sentence of a non-capital felony after the first conviction only. He has no authority to suspend the sentence of a defendant who has a prior felony conviction. LSA-C.Cr.P. 893; State v. Wimberly, 414 So.2d 666 (La.1982) ; State v. Jones, 327 So.2d 417 (La.1976) ; State v. Lee, 436 So.2d 718 (La.App. 4th Cir.1983) . In the present case, the pre-sentence investigation report shows that the defendant has prior felony convictions. As a second felony offender, the defendant is not eligible for a suspended sentence, under article 893. Therefore, since his suspension is `otherwise prohibited' by article 893, his sentence cannot be enhanced by application of article 893.1." (Emphasis added.)”

   2 later decisions quote this exact passage
   e.g. 484 So. 2d 698 - State v. Green · 476 So. 2d 1174 - State v. Godfrey