People v. Hurlic’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'deemed to incorporate and contemplate not only the existing law but the reserve power of the state to amend the law or enact additional laws for the public good and in pursuance of public policy.'”

   4 later decisions quote this exact passage
   e.g. People v. Fox · People v. Galindo

2. “'weed out frivolous or vexatious appeals.' " ( Hurlic , supra , 25 Cal.App.5th at pp. 57-58, 235 Cal.Rptr.3d 255 .) The court explained, "If ... a defendant who enters a plea of guilty or no contest must go through the additional step of seeking and obtaining a certificate of probable cause to avail himself or herself of the advantage of ameliorative laws like Senate Bill No. 620 ... that are otherwise indisputably applicable to him or her, the incentive to enter a plea-or, at a minimum, the incentive to do so expeditiously if legislation or voter initiative along these lines is being contemplated-is reduced. And where, as here, the defendant's entitlement to a new law's retroactive application is undisputed, an appeal seeking such application is neither 'frivolous' nor 'vexatious.' " ( Id. at p. 58, 235 Cal.Rptr.3d 255 .) Finally, Hurlic reasoned that "the rules of statutory construction favor application of Senate Bill No. 620 ... over section 1237.5. Where two statutes conflict, courts give precedence to the later-enacted statute and precedence to the more specific statute.”

   2 later decisions quote this exact passage
   e.g. People v. Fox · 245 Cal. Rptr. 3d 821 - People v. Stamps

3. “Our Legislature or the voters may 'expressly ... declare[ ]' an intent to apply the new law retroactively [citation]; and, absent an express indication to the contrary, courts will infer an intent to apply a new law retroactively to all nonfinal convictions where that new law 'mitigat[es]' or lessens 'the punishment for a particular criminal offense' [citations] ... Applying this body of law, the courts have unanimously concluded that Senate Bill No. 620's (2017-2018 Reg. Sess.) grant of discretion to strike firearm enhancements under section 12022.53 applies retroactively to all nonfinal convictions.”

   2 later decisions quote this exact passage
   e.g. People v. K.P. · People v. Fox