462 So. 2d 452 - Walker v. State’s Empirical Analysis

Citation profile

60 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 60 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) As used in this act: (a) "Habitual felony offender” means a defendant for whom the court may impose an extended term of imprisonment, as provided in this section, if it finds that: 1. The defendant has: a. previously been convicted of a felony in this state; b. twice previously been convicted of a misdemeanor of the first degree in this state or of another qualified offense for which the defendant was convicted after the defendant's 18th birthday; 2. The felony for which the defendant is to be sentenced was committed within five years of the date of the conviction of the last prior felony, misdemeanor or other qualified offense of which he was convicted, or within five years of the defendant’s release, on parole or otherwise, from a prison sentence or other commitment imposed as a result of a prior conviction for a felony or other qualified offense, whichever is later; ****** (3) In a separate proceeding, the court shall determine if it is necessary for the protection of the public to sentence the defendant to an extended term as provided in subsection (4) and if the defendant is an habitual felony offender or an habitual misdemeanant. The procedure shall be as follows: ****** (d) Each of the findings required as the basis for such sentence shall be found to exist by a preponderance of the evidence and shall be appealable to the extent normally applicable to similar findings. ****** (4)(a) The court, in conformity with the procedure established in subsection (3) and upon ”

   6 later decisions quote this exact passage · from the concurrence
   e.g. 487 So. 2d 37 - Sims v. State · 489 So. 2d 157 - Bogan v. State

2. “enable meaningful appellate review of these types of sentencing decisions.”

   6 later decisions quote this exact passage
   e.g. Rolle v. State · Powell v. State

3. “Mr. Hugger, in Case No. CF85-846, I have considered the presentence investigation and I’ve considered everything that I’ve heard here today, and I have also gone over in my own mind the facts and circumstances of the case as I heard it at the jury trial. And it’s going to be my finding that you ought to be sentenced as a habitual felony offender and I specifically make a finding that you’ve previously been convicted of a felony in this state within the time period as set out in Chapter 775.084. And I also specifically find that it will be — that it’s necessary for the protection of the public from further criminal activity on your part that your sentence be enhanced.”

   1 later decision quote this exact passage
   e.g. 496 So. 2d 890 - Hugger v. State