899 So. 2d 180 - State v. Rubin’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The trial court must state for the record the considerations taken into account and the factual basis for the sentence. La.Code Crim.P. art. 894.1(C). Although the trial court need not refer to every factor listed in Article 894.1(A), the record should affirmatively reflect that adequate consideration was given to codal guidelines in particularizing the defendant's sentence. State v. Iron, 00-1238 (La. App. 3 Cir. 2/1[4]/01); 780 So.2d 1123 , writ denied, 01-1232 (La.3/15/02); 811 So.2d 898 . Yet, when the trial court fails to adequately address the factors of La.Code Crim.P. art. 894.1, "the trial court's reasoning alone will not necessitate the need for re-sentencing as long as an adequate factual basis is found within the record." State v. Butler, 98-1258, p. 7 (La.App. 3 Cir. 2/3/99); 734 So.2d 680, 684 . State v. Collins, 03-388, p. 4 (La.App. 3 Cir. 10/8/03), 865 So.2d 117, 120 . The requirements of La.Code Crim.P. art. 894.1 have been subsumed into courts' analyses for excessiveness in State v. Telsee, 425 So.2d 1251 (La.1983), which observed that the article's criteria help advance the constitutional analysis.”

   1 later decision quote this exact passage
   e.g. 934 So. 2d 935 - State v. Fontenot

2. “taking” in an armed robbery be “anything of value belonging to another from the person of another or that is in the immediate control of another[.J’ (Emphasis added.) While the State does not have to prove that the property at issue was owned by the victim, it is”

   1 later decision quote this exact passage
   e.g. 93 So. 3d 652 - State v. Beverly