Carroll v. State’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. “[Ojnly felonies may be used to enhance punishment under section 12.42(d), the habitual offender statute. The disjunctive language of section 49.09(b), “a conviction ... may be used for purposes of enhancement under this section or ... under [the habitual offender statute] but not under both,” assumes a section 12.42(d) conviction must be for a felony offense. Misdemeanor convictions may not be alleged to enhance punishment under section 12.42(d), the habitual offender statute. It follows that the disjunctive language of section 49.09(b) applies only to a felony DWI and does not apply to the use of a misdemeanor DWI under section 12.42(d) insofar as section 49.09(f) [now section 49.09(g) ] is limited by section 12.42(d). Thus, appellant would have this Court hold that the use of a felony conviction that was predicated on a prior misdemeanor conviction, where the same prior misdemeanor conviction is used for jurisdictional purposes in the instant case, is the equivalent of using the misdemeanor conviction twice. We decline appellant’s suggested interpretation and hold, on the facts before us, the State used offense 1 [a misdemeanor DWI conviction] for jurisdictional enhancement as alleged in the State’s pleading. However, we further hold the State did not use offense 1 for punishment enhancement purposes because no independent proof of its existence is required in the State’s burden of proof under section 12.42(d).”

   1 later decision quote this exact passage
   e.g. Ex Parte Randy Serrato