4 Cal. 5th 1055 - People v. Perez’s Empirical Analysis

Citation profile

25 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “As used in section 245, subdivision (a)(1), a 'deadly weapon' is 'any object, instrument, or weapon which is used in such a manner as to be capable of producing and likely to produce, death or great bodily injury.' [Citation.] Some few objects, such as dirks and blackjacks, have been held to be deadly weapons as a matter of law; the ordinary use for which they are designed establishes their character as such. ( People v. Graham (1969) 71 Cal.2d 303 , 327 [ 78 Cal.Rptr. 217 , 455 P.2d 153 ] ....) Other objects, while not deadly per se, may be used, under certain circumstances, in a manner likely to produce death or great bodily injury. In determining whether an object not inherently deadly or dangerous is used as such, the trier of fact may consider the nature of the object, the manner in which it is used, and all other facts relevant to the issue.”

   1 later decision quote this exact passage
   e.g. 8 Cal. 5th 1 - People v. Aledamat

2. “' "any object, instrument, or weapon which is used in such a manner as to be capable of producing and likely to produce, death or great bodily injury.”

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

3. “willfully used the object in a manner that he or she knew would probably and directly result in physical force against another.”

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