People v. Spiller’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “" '(d) [A] petition for a recall of sentence ... [shall] specify all of the currently charged felonies, which resulted in the sentence under ... [s]ection 667[, subdivision (e)(2) ] or ... [s]ection 1170.12[, subdivision (c)(2) ], or both, and shall also specify all of the prior convictions alleged and proved under ... [s]ection 667[, subdivision (d) ] and ... [s]ection 1170.12 [, subdivision (b) ]. " '(e) An inmate is eligible for resentencing if: " '(1) The inmate is serving an indeterminate term of life imprisonment imposed pursuant to ... [s]ection 667[, subdivision (e)(2) ] or ... [s]ection 1170.12[, subdivision (c) ] for a conviction of a felony or felonies that are not defined as serious and/or violent felonies by ... [s]ection 667.5 [, subdivision (c) ] or ... [s]ection 1192.7[, subdivision (c) ]. " '(2) The inmate's current sentence was not imposed for any of the offenses appearing in ... [s]ection 667[, subdivision (e)(2)(C)(i)-(iii) ] or ... [s]ection 1170.12[, subdivision (c)(2)(C)(i)-(iii) ]. " '(3) The inmate has no prior convictions for any of the offenses appearing in ... [s]ection 667[, subdivision (e)(2)(C)(iv) ] or ... [s]ection 1170.12[, subdivision (c)(2)(C)(iv) ].' " ( Spiller , supra , 2 Cal.App.5th at pp. 1021-1022, 207 Cal.Rptr.3d 151 .)”

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

2. “While both initiatives are acts of lenity, we do not consider our colleagues' interpretation of what constitutes a prior conviction under Proposition 47 relevant to Proposition 36.... Proposition 36 amended the [T]hree [S]trikes law and was designed to deal with inmates currently serving indeterminate life sentences for nonserious and nonviolent offenses. On the other hand, Proposition 47, enacted two years after Proposition 36 [citation], was designed to deal with individuals sentenced as felons for low-level felony crimes now rendered misdemeanors [citation]. Offenses reduced to misdemeanors under Proposition 47 involve crimes of theft and drug use for personal consumption. The initiatives deal with a different class of offenders, and the resentencing of petitioners under both initiatives results in entirely different consequences.”

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

3. “"[S]ection 1170.126 is written so that statutory eligibility determinations are made as of the date the defendant was sentenced to his or her indeterminate third strike life sentence. The current conviction is the conviction the inmate is currently serving a third strike indeterminate life sentence for, and prior convictions are those which occurred prior to the inmate's current conviction." ( Spiller , supra , 2 Cal.App.5th at p. 1022 , 207 Cal.Rptr.3d 151 .)”

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