489 So. 2d 180 - Riggins v. State’s Empirical Analysis
1986
Citation profile
7 state decisions
Relationships
Relies on 475 So. 2d 1218 - Hendrix v. State · 462 So. 2d 548 - Burch v. State · 482 So. 2d 414 - Booker v. State · 481 So. 2d 72 - Casteel v. State · 484 So. 2d 71 - Williams 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]hen the primary focus of the trial court's reason for departure is the defendant's prior criminal record, even though framed in terms of the extent or content of the criminal record, the reason is invalid if the prior convictions have already been factored into the defendant's guidelines score. However, this does not prohibit the trial court from departing if the defendant has engaged in escalating criminal conduct, repetitive criminal conduct of the same type (e.g., burglary, bad checks) with no indication of intention to cease this activity, or if the trial court has some other genuine articulable concern regarding the defendant's past criminal conduct which does not focus primarily on the mere existence of prior convictions.”
1 later decision quote this exact passage · from the dissent“1. Defendant’s prior history of theft and assault establishes a pattern of continuing conduct that renders him a continuing and serious threat to the community. 2. The court has considered the juvenile record of defendant, not just in the computation of points, but in consideration of the aggravation factors. 3. Defendant has an extensive record as a juvenile of theft-related offenses and burglaries. 4. Defendant’s prior record shows that probation is an ineffective alternative in deterring him from any further criminal activity. 5. Defendant has been committed to state prison on two prior occasions.”
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.