123 Cal. App. 4th 695 - People v. Meeks’s Empirical Analysis
2004
Citation profile
35
cited by 35 later decisions
3
states following
November 2016
most recently cited
3 federal appellate · 28 state decisions
Relationships
Relies on Solem v. Helm · Pullman-Standard v. Swint · Harmelin v. Michigan · Robinson v. State of California · Rummel v. Estelle
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he purpose of [California Penal Code] section 654 `is to insure that a defendant's punishment will be commensurate with his culpability.'”
2 later decisions quote this exact passage“Defendant contends that his conviction for failing to register within five days of his birthday should be stricken because [California Penal Code] section 290's registration requirements are continuing offenses. He argues: "Once a registrant has willfully failed in the legal duty to update that registration upon birthday or change of address, that state of law violation continues until terminated by some significant event, registration, arrest, death, etc. While a former registrant is in that state of willful failure to comply, the passage of other events requiring registration cannot be new offenses because the existing violation had not yet been completed. That a second birthday passes or another change of residence occurs is not a new offense, but merely a continuation of the state of unlawfulness." We are not persuaded. Failure to register under section 290 is a continuing offense (§ 290, subd. (g)(8); Wright v. Superior Court (1997) 15 Cal.4th 521, 528 , 63 Cal.Rptr.2d 322 , 936 P.2d 101 ), that is, one "marked by a continuing duty in the defendant to do an act which he fails to do. The offense continues as long as the duty persists and there is a failure to perform that duty." ( Id at p. 525, 63 Cal.Rptr.2d 322 , 936 P.2d 101 .) But simply because the Legislature intended that a violation of section 290 be a continuing offense does not mean that a defendant cannot be convicted and punished for new and separate violations of section 290 as he continues to ignore the law.”
1 later decision quote this exact passagee.g. State v. Green“Once a registrant has willfully failed in the legal duty to update that registration upon birthday or change of address, that state of law violation continues until terminated by some significant event, registration, arrest, death, etc. While a former registrant is in that state of willful failure to comply, the passage of other events requiring registration cannot be new offenses because the existing violation had not yet been completed. That a second birthday passes or another change of residence occurs is not a new offense, but merely a continuation of the state of unlawfulness.”
1 later decision quote this exact passagee.g. State v. Green
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.