471 So. 2d 70 - Murray v. State’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “occurred at the same place as the result of a continuing unit of criminal activity,”

   2 later decisions quote this exact passage
   e.g. 512 So. 2d 955 - Boatwright v. State · 491 So. 2d 1120 - Murray v. State

2. “Whether the robbery conviction was a separate incident is a more difficult question, as the items were taken at different times. The money was stolen as the two men transported the victim from the scene of the abduction, the necklace after the batteries, and the car after the sexual batteries and movement to another area. It would appear that the robbery with respect to the money taken while the victim was held at gunpoint in her car and the theft of the car after the sexual batteries in a different location are separate criminal incidents. See Wilson v. State, 449 So.2d 822 (Fla. 1st DCA 1984) (on rehearing); Whitehead v. State, 446 So.2d 194 (Fla. 4th DCA 1984). The necklace was taken at the same place and at a closer time proximity to the sexual batteries, making it less separable from the batteries. Taken as a whole, we view the robberies as having been a separate criminal unit of activity that primarily did not take place at the same time and locale as the sexual batteries. Correctly, then, while the trial court could assess only concurrent mandatory minimums for the sexual batteries, it properly required an additional three years for the armed robbery.”

   1 later decision quote this exact passage
   e.g. 491 So. 2d 1120 - Murray v. State