586 So. 2d 56 - May v. State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The appellate courts have recently held that 'the Habitual Felony Offender Act cannot be applied if the defendant was not given proper notice before the first sentencing hearing.' Jackson v. State , 566 So.2d 758 , 760 (Ala. 1990); see also Ex parte Williams , 510 So.2d 135 (Ala. 1987); Hugley v. State , 581 So.2d 11 (Ala.Cr.App. 1991); Hayes v. State , 588 So.2d 502 (Ala.Cr.App. 1991). Although the appellant failed to object to the lack of notice at the sentencing hearing, such an objection is not required at the trial level in order to preserve that issue for appellate review 'when a sentence is clearly illegal or is clearly not authorized by statute. . . .' Ex parte Brannon , 547 So.2d 68 , 68 (Ala. 1989); see also Hugley v. State; Hayes v. State. " 'Because the appellant did not receive notice of any prior felony conviction[s] before his first sentencing hearing, he should not have been sentenced as a habitual felony offender.' Hugley v. State , 581 So.2d at 14 (citations omitted). 'Upon resentencing, a trial court may consider, for purposes of the Habitual Felony Offender Act, only those prior convictions of which the defendant received proper notice.' Id. at 14 . Because the appellant did not receive notice of the state's intent to use any of his prior convictions, he must be resentenced as a first-time offender. While we are aware of our holding in Nesbitt v. State , 531 So.2d 37 (Ala.Cr.App. 1987), that receipt of the presentence report is notice of the State's inten”

   1 later decision quote this exact passage
   e.g. 623 So. 2d 376 - Knight v. State

2. “[W]hen a sentence is clearly illegal or is clearly not authorized by statute, the defendant does not need to object at the trial level in order to preserve that issue for appellate review.”

   1 later decision quote this exact passage
   e.g. 624 So. 2d 665 - Nicastro v. State

3. “"At a reasonable time prior to the hearing, the defendant shall be given notice of the prior conviction or convictions upon which the state intends to proceed."”

   1 later decision quote this exact passage
   e.g. 601 So. 2d 521 - Bland v. State