Throneberry 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. “This letter will serve as notice that the State will seek to enhance [Throneber-ry’s] punishment under Chapter 12 of the Texas Penal Code with evidence of prior convictions.... Specifically, we will offer evidence that the defendant has previously been convicted [of] ... Theft Over $750 ... Aggravated Assault with a Firearm ... and ... Theft Over $750.... Since the judgment in Cause No. 044-86 contains an affirmative finding that the offense involved the use of a deadly weapon, a firearm, I believe that the defendant’s punishment range should he be convicted would be 25 to 99, or life.... Let me know if your client is interested in discussing a plea bargain.”

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

2. “It is well-settled that a probated sentence is not a final conviction for enhancement purposes unless it is revoked. When a defendant receives “regular” probation ... he is convicted, and punishment is assessed. However, the imposition of the sentence is suspended, and the conviction does not become final for purposes of enhancement unless the probation is revoked. [Emphasis added.]”

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