19 So. 3d 331 - Raines v. State’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In distinguishing lesser offenses from greater offenses when faced with a double jeopardy violation, this Court has stated that based upon section 775.021(4), lesser offenses are those in which the elements of the lesser offense are always subsumed within the greater, without regard to the charging document or evidence at trial. Further, section 775.021(4)(b)(3) itself states that lesser offenses are “the statutory elements . of which are subsumed by the greater offense.” Therefore, the statutory elements of the lesser 'offense must be subsumed by the statutory elements of the greater offense in order for it to be considered the lesser offense in the double jeopardy context. [[Image here]] ... [A]ll of ‘ the elements of grand theft are included in the offense of organized fraud. However, organized fraud contains an element that is not an element of grand theft, namely “a systematic, ongoing course of conduct with the intent to defraud or take property,” Because organized fraud includes all of the elements of grand theft as well as an additional element, grand theft is a lesser offense of organized fraud. Therefore, the Second District should have vacated Pizzo’s grand theft convictions as lesser offenses of Pizzo’s organized fraud conviction.”

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