487 So. 2d 68 - Brooks v. State’s Empirical Analysis
1986
Citation profile
9
cited by 9 later decisions
2
states following
March 2008
most recently cited
9 state decisions
Relationships
Relies on 476 So. 2d 158 - Albritton v. State · 462 So. 2d 548 - Burch v. State · 458 So. 2d 13 - Carney v. State · 458 So. 2d 42 - Davis v. State · 483 So. 2d 115 - Tompkins 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The first reason provided by the trial court for departure from the guideline sentencing range was that in each instance Brooks entered an occupied dwelling. Brooks contends the fact that the dwellings were occupied is a factor inherent in the crime of burglary, and cannot serve as a basis for departure. See: Carney v. State, 458 So.2d 13 (Fla. 1st DCA 1984); Tompkins v. State, 483 So.2d 115 (Fla. 2d DCA 1986). We disagree. Section 810.02(3) contemplates entry of a dwelling or entry of a structure while a human being is in the structure. In this case, Brooks entered three dwellings when the residents of those dwellings were present. We consider that these circumstances added an element not included within the statutory frame, i.e., dwelling and the presence of a human being. Therefore, we consider this reason a valid ground for departure.”
1 later decision quote this exact passage““On two occasions, Brooks was observed fleeing from the dwelling by the occupants, and in one case the sixteen year old daughter of the household awakened and observed Brooks sitting on the floor of her room rifling her purse. Although there was no victim injury or threat of injury in any of the incidents, the victims expressed surprise and a lasting sense of distress and fear due to Brooks’s intrusion. We conclude that this particular form of psychological trauma constitutes a valid basis for departure [from sentencing guidelines] ***.” Brooks, 487 So. 2d at 70 .”
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.