State v. Dickerson’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “While ... the trial court meant to find the enhancement paragraphs true, three things occurred before it did so: (1) the court imposed a lawful punishment; (2) the court pronounced a valid and proper sentence; and (3) [the defendant] accepted the sentence. Under these procedural facts, the trial court was not free to “retract the sentence ... given here” and “resentence” [the defendant], regardless of the fact that the punishment originally assessed was the product of mistake or oversight.”

   3 later decisions quote this exact passage
   e.g. State v. Aguilera · Meineke v. State

2. “[a]fter sentence was first imposed on appellant, the trial court was without power to set aside that sentence and order a new sentence. Such attempted resentencing was null and void and of no legal effect. The original sentence was a valid and proper sentence. The court’s failure to consider the enhancement paragraph of the indictment prior to first sentencing appellant should not enlarge the court’s power over the case once sentence has been accepted.”

   3 later decisions quote this exact passage
   e.g. State v. Aguilera · Meineke v. State

3. “The Prosecutor: Did you not find the enhancements true? The Court: As enhanced? The Prosecutor: And you assessed him to two years? The Court: Yes, sir. The Prosecutor: He’s a habitual which makes it a minimum of 25. The Court: Well, that was a mistake then. I’m glad you called my attention to it. Come back up here. Mr. Dickerson, I have to retract the sentence that I have given here. The Court hereby finds the enhancements are true and sentences you to 25 years in the Institutional Division of the Texas Department of Corrections. Do you have anything to say why sentence of law should not be pronounced against you? Defendant: No. The Court: Having nothing to say, it’s the order of this Court that you, Michael Wayne Dickerson, having been adjudged guilty of the offense of theft, a felony as enhanced as a habitual, ... punishment is assessed at confinement for a period of 25 years, be delivered to the Sheriff of Harris County, Texas.... You are hereby remanded to the sheriff and bailiff until he can carry out the instructions of this sentence. Defense trial counsel: Your Honor, at this time my client has asked me to inform the Court he’d like to give notice of appeal. Id at 762.”

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