430 So. 2d 798 - State v. Dirden’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"[w]here, as here, there is sufficient illumination of the record to demonstrate the trial judge was not arbitrary in imposing the sentence, and considered the nature of the offense, the character of the offender and the need for protection of the public interest, it is not necessary to set aside the sentence and remand the case for re-sentencing. Only where the convicted defendant points out the existence of specific mitigating factors, such as, those enumerated in Part B of the article, and the trial judge has failed to consider or give weight to do so may have resulted in the imposition of an excessive sentence, is it necessary to set aside the sentence and remand the case for resentencing."”

   3 later decisions quote this exact passage
   e.g. State v. Jones · 469 So. 2d 1005 - State v. Rutecki

2. “"Thank you very much for your recommendations, Mr. Burvant. However, as you are aware, I have allowed you to see the presentencing investigation in this matter. The pre-sentence investigation indicates that Mr. Capano apparently since his mid-teens has been in a great deal of trouble in his home Parish and the recommendation of the probation Officer is that there be no leniency in connection with this matter and that probation is not recommended. It is apparent to me in this situation, that, as I indicated before. If it were not for your excellent representation in this matter, this young man would have been found Guilty of the crime of armed robbery. But since the Jury has not found him Guilty of armed robbery, the Court will certainly abide by that decision. However, under the Provision of Article 894.1, the Court operating under the provision of paragraph-A, of that particular act, I should enforce the maximum sentence in this matter, because to release him would be an undue risk. A suspended sentence or probation, the Defendant will commit another crime, since he has committed crimes regular, he is in need of correctional treatment as a custodial environment that can be provided most effectively by his commitment to an institution. Even though his employer said that Mr. Capano was a hard worker, the Court does not believe that Mr. Capano will respond to any type of probation in this matter. Accordingly the Court is going to sentence Mr. Capano to 7 years at hard labor wit”

   1 later decision quote this exact passage
   e.g. 466 So. 2d 649 - State v. Capano

3. “state for the record the considerations taken into account and the factual basis therefor in imposing sentence.”

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