102 Cal. App. 4th 1414 - People v. Murillo’s Empirical Analysis

Citation profile

34 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(a) Notwithstanding any other provision of law, and except as provided in subdivision (b), any person convicted of a nonviolent drug possession offense shall receive probation. As a condition of probation the court shall require participation in and completion of an appropriate drug treatment program. . . . A court may not impose incarceration as an additional condition of probation----[f] . . . fit] “(b) Subdivision (a) does not apply to ... . “(1) Any defendant who previously has been convicted of one or more serious or violent felonies in violation of subdivision (c) of Section 667.5 or Section 1192.7, [subject to certain exceptions] .... “(2) Any defendant who, in addition to one or more nonviolent drug possession offenses, has been convicted in the same proceeding of a misdemeanor not related to the use of drugs or any felony. “(3) Any defendant who: “(A) While using a firearm, unlawfully possesses any amount of (i) a substance containing either cocaine base, cocaine, heroin, methamphetamine, or (ii) a liquid, nonliquid, plant substance, or hand-rolled cigarette, containing phencyclidine. “(B) While using a firearm, is unlawfully under the influence of cocaine base, cocaine, heroin, methamphetamine or phencyclidine. “(4) Any defendant who refuses drug treatment as a condition of probation. “(5) Any defendant who (A) has two separate convictions for nonviolent drug possession offenses, (B) has participated in two separate courses of drug treatment pursuant to subdivision”

   1 later decision quote this exact passage
   e.g. 146 Cal. App. 4th 518 - People v. Superior Court

2. “(a) Notwithstanding any other provision of law, and except as provided in subdivision (b) , any person convicted of a nonviolent drug possession offense shall receive probation. As a condition of probation the court shall require participation in and completion of an appropriate drug treatment program .... A court may not impose incarceration as an additional condition of probation .... (b) Subdivision (a) shall not apply to .... (1) Any defendant who previously has been convicted of one or more violent or serious felonies as defined in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7, respectively, unless the nonviolent drug possession offense occurred after a period of five years in which the defendant remained free of both prison custody and the commission of an offense that results in a felony conviction other than a nonviolent drug possession offense, or a misdemeanor conviction involving physical injury or the threat of physical injury to another person.”

   1 later decision quote this exact passage
   e.g. 744 F. Supp. 2d 1058 - Cerda v. HEDGPETCH, KERN STATE PRISON

3. “[t]o divert from incarceration into community-based substance abuse treatment programs nonviolent defendants, probationers and parolees charged with simple drug possession or drug use offenses; [¶] ... [t]o halt the wasteful expenditure of hundreds of millions of dollars each year on the incarceration — and reincarceration — of nonviolent drug users who would be better served by community-based treatment; and [¶] ... [t]o enhance public safety by reducing drug-related crime and preserving jails and prison cells for serious and violent offenders. . . .”

   1 later decision quote this exact passage
   e.g. 125 Cal. App. 4th 1453 - People v. Thurman