Wlodarczyk v. State’s Empirical Analysis

Citation profile

1 district · 14 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) Following a defendant's conviction of, or his plea of guilty to any felony, other than a felony punishable by death or life imprisonment, the court may impose any sentence of imprisonment authorized by law and except as provided in subsection (g) of this section, may in addition provide: (i) That the defendant be confined in the county jail for a period of not more than one (1) year; and (ii) That the execution of the remainder of the sentence be suspended and the defendant placed on probation. (b) In placing the defendant on probation under subsection (a) of this section, the court may also: (i) Impose any fine provided by the statute violated; (i) Apply the provisions of W.S. 7-13-501 through 7-13-508. (c) Except as provided in subsection (a) of this section, the court may impose a split sentence of incarceration followed by probation in any felony case including those in which the statute violated specifically provides for a sentence of imprisonment in the state penitentiary. (d) The court may impose a split sentence as provided by this section at the time a defendant is originally sentenced or at any hearing at which the court modifies or revokes a defendant's probation and at which the defendant is personally present. (e) The cost of housing convicted felons in the county jail shall be paid by the department of corrections by contract arrangement with the county sheriff. * * * "oke ok (h) A defendant sentenced under this section is not eligible for parole and is not ”

   3 later decisions quote this exact passage
   e.g. Kidd v. State · Daugherty v. State

2. “only the period remaining upon revocation can be enforced by confinement.”

   2 later decisions quote this exact passage
   e.g. Daugherty v. State · Daugherty v. State

3. “(a) If a person who has not previously been convicted of any felony is charged with or is found guilty of or pleads guilty to any misdemeanor except any second or subsequent violation of W.S. 31-5-233 or any similar provision of law, or any felony except murder, sexual assault in the first or second degree or arson in the first or second degree, the court may, with the consent of the defendant and the state and without entering a judgment of guilt or conviction, defer further proceedings and place the person on probation for a term not to exceed five (5) years upon terms and conditions set by the court. The terms of probation shall include that he: (i) Report to the court not less than twice in each year at times and places fixed in the order; (ii) Conduct himself in a law-abiding manner; (iii) Not leave the state without the consent of the court; (iv) Conform his conduct to any other terms of probation the court finds proper; and (v) Pay restitution to each victim in accordance with W.S. 7-9-101 and 7-9-103 through 7-9-112. (b) If the court finds the person has fulfilled the terms of probation and that his rehabilitation has been attained to the satisfaction of the court, the court may at the end of five (5) years, or at any time after the expiration of one (1) year from the date of the original probation, discharge the person and dismiss the proceedings against him. (c) If the defendant violates a term or condition of probation at any time before final discharge, the court ”

   1 later decision quote this exact passage · from the concurrence
   e.g. Rawson v. State