387 So. 2d 385 - Killian v. State’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) The court may classify as a youthful offender any person: (a) Who is at least 18 years of age or who has been transferred for prosecution to the criminal division of the circuit court pursuant to chapter 39; (b) Who is found guilty of or who has tendered, and the court has accepted, a plea of nolo contendere or guilty to a crime which is, under the laws of this state, a felony of the first, second, or third degree if such crime was committed before the defendant's 21st birthday; and (c) Who has not previously been classified a youthful offender under the provisions of this act; however, no person who has been found guilty of a capital or life felony may be classified a youthful offender under this act. (2) A person shall be classified a youthful offender if such person meets the criteria of subsection (1) and such person: (a) Has not previously been found guilty of a felony, whether or not the adjudication of guilt has been withheld; or (b) Has not been adjudicated delinquent for an act which would be a capital, life, or first degree felony if committed by an adult. (3) A person excluded from classification as a youthful offender under subsection (2) by virtue of having been previously found guilty of a crime which if committed in Florida would be a felony of the first, second or third degree under the laws of this state may be classified a youthful offender after consideration of the following criteria...”

   3 later decisions quote this exact passage
   e.g. Barnhill v. State · Westmoreland v. State

2. “Despite the discretionary language of subsection (1), the clear mandate of subsection (2) is that if a person meets the criteria of subsection (1) and has not previously been found guilty of a felony or adjudicated delinquent for an act which would be more than a second degree felony, he is entitled, as a matter of right, to be sentenced as a youthful offender. Id. at 386 .”

   2 later decisions quote this exact passage
   e.g. Barnhill v. State · Westmoreland v. State

3. “appellant had "previously been found guilty of a felony" as specified in Section 958.04(2)(a), Florida Statutes (Supp. 1978), when the court sentenced him for each of the crimes involved in this appeal.”

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