Ramirez v. State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(4)(a) Whoever, in the course of one criminal transaction or episode, commits an act or acts - which constitute one or more separate criminal offenses, upon conviction and adjudication of guilt, shall be sentenced separately for each criminal offense; and the sentencing judge may order the sentences to be served concurrently or consecutively. For the purposes of this subsection, offenses are separate if each offense requires proof of an element that the other does not, without regard to the accusatory pleading or the proof adduced at trial. (b) The intent of the Legislature is to convict and sentence for each criminal offense committed in the course -of one criminal episode or transaction and not to allow the principle of lenity . to determine legislative intent. Exceptions to this rule, of construction are: 1. Offenses which require identical elements of proof. 2. Offenses which are degrees of the same offense as provided by statute. 8. Offenses which are lesser offenses the statutory elements of which are subsumed by the greater offense.”

   1 later decision quote this exact passage
   e.g. 189 So. 3d 837 - Wilfred A. Brown v. State of Florida

2. “Those exceptions are: (1) offenses which require identical elements of proof; (2) offenses which are degrees of the same offense as provided by statute; and (3) offenses which are lesser offenses the statutory elements of which are subsumed by the greater offense.”

   1 later decision quote this exact passage
   e.g. 149 So. 3d 1151 - Eduardo Juliao v. State