119 Cal. App. 4th 355 - People v. Lopez’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “No finding of an enhancement may be stricken or dismissed because imposition of the term either is prohibited by law or exceeds limitations on the imposition of multiple enhancements. The sentencing judge must impose sentence for the aggregate term of imprisonment computed without reference to those prohibitions and limitations, and must thereupon stay execution of so much of the term as is prohibited or exceeds the applicable limit. The stay will become permanent on the defendant's service of the portion of the sentence not stayed.”

   1 later decision quote this exact passage
   e.g. 158 Cal. App. 4th 810 - People v. McFearson

2. “an enhancement that otherwise would have to be either imposed or stricken is barred by an overriding statutory prohibition. In that situation-and that situation only-the trial court can and should stay the enhancement.”

   1 later decision quote this exact passage
   e.g. People v. Bay

3. “The trial court has no authority to stay an enhancement, rather than strike it-not, at least, when the only basis for doing either is its own discretionary sense of justice.”

   1 later decision quote this exact passage
   e.g. People v. Bay