38 Cited authorities

  1. People v. Woodell

    17 Cal.4th 448 (Cal. 1998)   Cited 224 times
    In People v. Woodell, supra, 17 Cal.4th 448, the Supreme Court summarized the relevant law as follows: "Various sentencing statutes in California provide for longer prison sentences if the defendant has suffered one or more prior convictions of specified types.
  2. People v. Drayton

    39 N.Y.2d 580 (N.Y. 1976)   Cited 142 times
    In Drayton, the Court reasoned, inter alia, that, since defendant's felony case properly began in superior court, his later plea of guilty to a misdemeanor should not divest the superior court Judge of statutory discretion to deny Y.O. treatment.
  3. People v. Ramos

    971 N.E.2d 369 (N.Y. 2012)   Cited 25 times

    2012-06-12 The PEOPLE of the State of New York, Respondent, v. Gilberto RAMOS, Appellant. Legal Aid Society, New York City (Laura Boyd and Steven Banks of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York City (Sean T. Masson and Sylvia Wertheimer of counsel), for respondent. SMITH Legal Aid Society, New York City (Laura Boyd and Steven Banks of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York City (Sean T. Masson and Sylvia Wertheimer of counsel)

  4. People v. Parker

    359 N.E.2d 348 (N.Y. 1976)   Cited 86 times
    Holding that the former Penal Law providing for second-felony offender status based upon convictions in other states for acts which would not have been felonies in New York, while not providing for second-felony offender status as to the same acts if they were committed in New York, did not deny equal protection; nor did it result in unconstitutional delegation of legislative power or incorporation by reference of statutes of another state
  5. Dean v. Commonwealth

    61 Va. App. 209 (Va. Ct. App. 2012)   Cited 16 times
    In Dean this Court reviewed whether the appellant's two Maryland robbery convictions could be admitted to prove the predicate offenses under an indictment in Virginia for “robbery, a third or subsequent offense, in violation of Code §§ 18.2–58 [robbery] and 19.2–297.
  6. People v. Jones

    109 A.D.3d 1108 (N.Y. App. Div. 2013)   Cited 10 times

    2013-09-27 The PEOPLE of the State of New York, Respondent, v. Clemon JONES, Defendant–Appellant. D.J. & J.A. Cirando, Esqs., Syracuse (John A. Cirando of Counsel), for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Matthew Dunham of Counsel), for Respondent. D.J. & J.A. Cirando, Esqs., Syracuse (John A. Cirando of Counsel), for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Matthew Dunham of Counsel), for Respondent. PRESENT: SCUDDER, P.J., PERADOTTO, CARNI

  7. Griffin v. Mann

    156 F.3d 288 (2d Cir. 1998)   Cited 21 times
    Applying rational basis scrutiny to sentencing enhancements
  8. Skinner v. State

    987 So. 2d 1172 (Ala. Crim. App. 2007)   Cited 6 times
    Holding that a challenge similar to the one at issue was jurisdictional and therefore not subject to the bar against successive petitions in Rule 32, Ala. R.Crim. P.
  9. People v. Lawrence

    17 A.D.3d 697 (N.Y. App. Div. 2005)   Cited 4 times

    2000-03756 April 25, 2005. Application by the appellant for a writ of error coram nobis to vacate a decision and order of this Court dated October 7, 2002 ( see People v. Lawrence, 298 AD2d 405), affirming a judgment of the County Court, Suffolk County, rendered April 7, 2000, on the ground of ineffective assistance of appellate counsel. Justices Florio and Howard Miller have been substituted for former Justices Feuerstein and McGinity ( see 22 NYCRR 670.1 [c]). Shawn Lawrence, Comstock, N.Y., appellant

  10. People v. Ortiz

    283 A.D.2d 256 (N.Y. App. Div. 2001)   Cited 3 times

    May 15, 2001. Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), rendered June 29, 1998, convicting defendant, after a jury trial, of attempted assault in the second degree, and sentencing him, as a persistent felony offender, to a term of 15 years to life, to be served concurrently with a 1 year term for violation of probation, unanimously affirmed. Mary B. McGarvey-Depuy, for respondent. Joan P. Sullivan, for defendant-appellant. Before: Rosenberger, J.P., Mazzarelli, Andrias, Buckley, Friedman

  11. Section 924 - Penalties

    18 U.S.C. § 924   Cited 45,801 times   170 Legal Analyses
    Holding that conviction for eluding police, under Maine statute which provides that "[w]hoever, after being requested or signaled to stop, attempts to elude a law enforcement officer by driving a vehicle at a reckless rate of speed which results in a high-speed chase between the operator's vehicle and any law enforcement vehicle using a blue light and siren is guilty" of a felony-level crime, involves conduct that presents a serious potential risk of physical injury to another for purposes of 18 U.S.C. § 924(e)
  12. Section 922 - Unlawful acts

    18 U.S.C. § 922   Cited 43,640 times   161 Legal Analyses
    Finding that "even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce"
  13. Section 13-703 - Repetitive offenders; sentencing

    Ariz. Rev. Stat. § 13-703   Cited 1,254 times   7 Legal Analyses
    Listing aggravating circumstances
  14. Section 1708 - Theft or receipt of stolen mail matter generally

    18 U.S.C. § 1708   Cited 1,090 times   1 Legal Analyses
    Prohibiting theft or receipt of stolen letter "from a letter or mail carrier"
  15. Section 99-19-81 - Sentencing of habitual criminals to maximum term of imprisonment

    Miss. Code § 99-19-81   Cited 981 times   1 Legal Analyses
    Providing that any person convicted of a felony as a nonviolent habitual offender "shall be sentenced to the maximum term of imprisonment prescribed for such felony, and such sentence shall not be reduced or suspended nor shall such person be eligible for parole or probation"
  16. Section 17-10-7 - Punishment of repeat offenders; punishment and eligibility for parole of persons convicted of fourth felony offense

    Ga. Code § 17-10-7   Cited 652 times
    Mandating life imprisonment without parole for certain repeat offenders convicted of certain "serious violent felonies"
  17. Section 532.080 - Persistent felony offender sentencing

    Ky. Rev. Stat. § 532.080   Cited 631 times
    Setting sentencing range for conviction for a Class D felony for a first-degree persistent felony offender at ten to twenty years
  18. Section 13A-5-9 - Habitual felony offenders - Additional penalties

    Ala. Code § 13A-5-9   Cited 549 times
    Outlining enhanced penalties for a defendant with three or more prior felony convictions
  19. Section 5-4-501 - Habitual offenders - Sentencing for felony

    Ark. Code § 5-4-501   Cited 250 times
    Sentencing for habitual offenders convicted of a felony
  20. Section 61-11-18 - Punishment for second or third offense of felony

    W. Va. Code § 61-11-18   Cited 221 times
    Mandating life imprisonment for defendant with two prior convictions punishable by confinement