State v. Arguello’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. “If a defendant has been convicted of two or more offenses regardless of when the offenses were committed or when the judgment or sentence was entered, the judgment or sentence may be that the imprisonment on the subsequent conviction may run concurrently with the imprisonment on any prior conviction or the imprisonment for the subsequent offense may commence at the expiration of the imprisonment upon any other offense, (emphasis added).”

   3 later decisions quote this exact passage · from the majority
   e.g. State v. Litschewski · State v. Kramer

2. “A consecutive sentence may be imposed for a “subsequent offense.” * * * Under SDCL 22-6-6.1, Judge Tice had the authority to give Arguello a concurrent or a consecutive sentence because he was sentencing for a subsequent conviction and a subsequent offense [i.e., the robbery]. In this case, however [i.e., the original burglary], Judge Fitzgerald did not have the authority to give a consecutive sentence since he was sentencing on a prior, not a subsequent, offense.”

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