459 So. 2d 1098 - Cuthbert v. State’s Empirical Analysis
1984
Citation profile
19 state decisions
How this case has been cited
Cited by 19 later decisions — most recently September 2015
19 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 383 So. 2d 219 - Eutsey v. State · Florida Bar: Amendment to Rules of Criminal Procedure · 376 So. 2d 47 - Adams v. State · Brady v. State · 452 So. 2d 95 - Weston v. State
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Under current practice, if the trial court, in accordance with the provisions of Section 775.084, finds the defendant to be a habitual offender and that it is necessary for the protection of the public to sentence the defendant to an extended term, the court will still be able to impose an extended term up to the periods of time set forth in Section 775.084(4); provided, however, that if the term exceeds the sentencing guidelines range, the court will have to comply with Rule 3.701 d.11 by stating in writing "clear and convincing reasons" for departure from the guidelines.”
1 later decision quote this exact passage“the elimination of that language should make clear that the extended term provision of the habitual offender statute is separate and distinct from the provisions of those statutes which permit enhancement by reclassification of felony degree.”
1 later decision quote this exact passage“if an offender is convicted under an enhancement statute, the reclassified degree should be used as the basis for scoring the primary offense in the appropriate category,”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.