675 So. 2d 55 - Fletcher v. State’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Although there was no objection raised at sentencing, it is incumbent upon this court to conform the appellant's sentence to the statutory requirements. `The legislative intent is that the five-year penalties shall not run concurrently with each other or any other sentence imposed. The enhancement terms provided for by these statutes must be "added to" any other penalty pronounced by the court.' Scott v. State , 627 So.2d 1131 , 1133 (Ala.Cr.App. 1993). It is within the trial court's discretion upon remand for resentencing to lower the base portion of the appellant's sentence in light of the [10-year] mandatory sentence imposed upon the appellant, if he feels that justice would best be served by so doing. . . ."”

   5 later decisions quote this exact passage
   e.g. Pearson v. State · 724 So. 2d 65 - Merchant v. State

2. “"The trial court also omitted to impose the mandatory fine in Ala. Code 1975, § 13A-12-281 , the 'Demand Reduction Assessment Act.' We remand this case to the trial court for resentencing for the express purposes of implementing the . . . enhancement provisions and of imposing a fine in accordance with § 13A-12-281 ."”

   1 later decision quote this exact passage
   e.g. 677 So. 2d 246 - Pierson v. State

3. “The trial court cannot be placed in error on grounds not asserted. . . . The court was required to pass only upon the ground of the objection specified by the appellant and those not announced are waived.”

   1 later decision quote this exact passage
   e.g. 746 So. 2d 1064 - Greenhill v. State