17 So. 3d 64 - State v. Hotard’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “After looking at 894.1, I guess number one is that the statute indicates that it’s a range of ten years to thirty |7years. This Court [sentenced the defendant to serve] twenty years which was a mi-drange between the ten and the thirty years. As to 894.1, it says ... that when the Defendant has been convicted of a felony or misdemeanor, the Court should impose a sentence of imprisonment if any of the following occurs: there is an undue risk that during the period of a suspended sentence or probation the Defendant will commit another crime. Well, he’s already had three previous DWIs and this is a fourth. Another one is that a lesser sentence would deprecate the seriousness of the Defendant’s crime. And in this Court’s opinion, the lesser sentence would because he’s got a DWI fourth offense. Another one is ... the offender knowingly created a risk of death or great bodily harm to more than one person. I believe the testimony indicated that there [were] some school children out on the road that almost got hit because of his DWI intoxication while he was driving. And also another one says that the Defendant’s criminal conduct and result of circumstances unlikely to reoccur? Well, it’s obvious that he’s had four reoc-currences, or three reoccurrences from the first DWI. It says he is particularly likely to respond affirmatively to probationary treatment? I don’t think that’s true considering the obsessiveness of his DWIs.... I don’t think there is any testimony as to that — that wo”

   1 later decision quote this exact passage
   e.g. State v. Lathan

2. “[BJecause of his intoxication he continued to drive and had a chance where I think somebody yelled out about the school children waiting for the school bus almost got hit. And for the long period of time that he was driving from point A to point B[.] [[Image here]] I don’t know whether because — the intoxication of either getting intoxicated that early in the morning or being intoxicated through the night has the concerns of the Court[.] [S]o given those considerations and the fact that it was a DWI 4th and that he has previously been given [sic] to participate in the substance abuse treatment and home incarceration for a DWI 3rd, the Court is going to sentence [the defendant] to twenty years Department of Corrections. At least three of which shall be without benefit of parole, probation or suspension of sentence. * * *”

   1 later decision quote this exact passage
   e.g. State v. Lathan