501 So. 2d 698 - Spivey v. State’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Prior to the 1984 amendment, section 775.089(1), Florida Statutes (1983) provided that the court might order restitution by a defendant “if the defendant is able or will be able to make restitution.” Section 775.089(6), Florida Statutes (1985) now provides that the court, in ordering restitution, shall consider the financial resources of the defendant and the financial needs and earning ability of the defendant and his dependents. However, section 775.089(7), Florida Statutes (1985) specifically provides that “[T]he burden of demonstrating the financial resources of the defendant and his dependents is on the defendant.” The failure of appellant to object in the court below to the order of restitution or to attempt to reduce the amount of restitution by citing his financial circumstances, did not meet the burden the statute places upon him.”

   1 later decision quote this exact passage
   e.g. 521 So. 2d 333 - Gomez v. State

2. “the full amount of the victim's claimed damages, despite the fact that four defendants perpetrated the crimes. The State did not show what portion of the victim's damages arose from appellant's acts, rather than those of his codefendants.”

   1 later decision quote this exact passage
   e.g. Spivey v. State

3. “We do not believe Fresneda is authority for the broad statement for which it is cited [in Turner ].”

   1 later decision quote this exact passage
   e.g. Spivey v. State