State v. Cooper’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The court, when pronouncing sentence, shall state whether the sentence shall run consecutively to or concurrently with sentences on one or more offenses for which defendant has been previously sentenced. If the court fails to do so at the time of pronouncing the sentences, the respective sentences shall run concurrently.”

   2 later decisions quote this exact passage
   e.g. State v. Dailey · State Ex Rel. Zinna v. Steele

2. “In its well reasoned opinion the Cooper court stated: A defendant has a right to be present at the time of sentencing. We need not detail the history of this right. Defendant’s historical right to be present at sentencing is now specifically expressed in our state statutes and court rules. See Sections 546.550-.570, RSMo 1978; Rule 29.07(b)(1), (2). Consequently, the trial court still had to pronounce the increase of defendant’s multiple sentences in the presence of the defendant to make that increase a valid sentence. See State v. Burroughs, 559 S.W.2d [42] at 43. See also United States v. Munoz-Dela Rosa, 495 F.2d 253, 256 (9th Cir. 1974); State v. White, 646 S.W.2d at 808-09 . Without defendant being present, the trial court had authority to enter only the multiple sentences as orally pronounced. This authority must be strictly limited. “ ‘The possibility of abuses inherent in broad judicial power to increase sentences outweighs the possibility of windfalls to a few prisoners.’ ” Munoz-Dela Rosa, 495 F.2d at 255 . Therefore, defendant’s multiple sentences imposed in this case must be served concurrently with any previous sentence he was already serving. See Plant v. State, 608 S.W.2d 91, 91 (Mo.App.1980).”

   1 later decision quote this exact passage
   e.g. State v. Bulloch

3. “By enacting the armed criminal action statute, § 571.015, RSMo 1978, our state legislature has specifically authorized the imposition of cumulative sentences in a single trial when a felony has been committed by means of a dangerous instrument or deadly weapon. Missouri v. Hunter, 459 U.S. at 368 , 103 S.Ct. at 679 . See also § 571.017 RSMo Supp.1984; Thomas, supra, at 106. Each time a dangerous instrument is employed to effectuate certain felonies, the crime of armed criminal action is committed. Here, defendant was charged and convicted of two underlying felonies — escape and aiding the escape of a prisoner. Each of these felonies is distinct and separate. See § 575.210 and § 575.230, RSMo 1978. Defendant admits this. To perpetrate each of these felonies, defendant used a dangerous instrument. Defendant, therefore, was charged and convicted of two counts of armed criminal action. These charges and convictions are proper. Multiple charges are permissible and proper if the defendant has committed separate crimes. E.g., State v. Lint, 657 S.W.2d 722, 725 (Mo.App.1983).”

   1 later decision quote this exact passage
   e.g. State v. Wallace