People v. Blevins’s Empirical Analysis

Citation profile

36 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. ““[T]he express language of section 12022.3 reflects a legislative intent to create a sex offense exception to the general rules of section 654 and Culbreth: ‘For each violation of Section 261, 264.1, 286, 288, 288a or 289, and in addition to the sentence provided, any person shall receive an enhancement (a) of three years if such person uses a firearm or any other deadly weapon in the commission of such violation or (b) of two years if such person is armed with a firearm or any other deadly weapon.’ (Italics added.) “We think section 12022.3’s language is clear and unambiguous. Whether sentenced under section 1170.1, subdivision (a) or under section 667.6, subdivisions (c) or (d), any person who is armed with or uses a firearm or any other deadly weapon in committing an enumerated sex offense must receive an enhancement for each and every such offense. The Legislature’s considered reference to ‘each violation’ of the enumerated statutes reflects its intent that section 654 and Culbreth should not limit the imposition of weapons enhancements under section 12022.3. [Fn. omitted.] Although unquestionably severe, section 12022.3’s provision of unlimited weapons enhancements is consistent with the Penal Code’s harsh treatment of certain sex offenders.” (People v. Blevins, supra, 158 Cal.App.3d at p. 71 ; italics added.)”

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