508 So. 2d 486 - Newland v. State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “. . . Neither the continuing and persistent pattern of criminal activity nor the timing of each offense in relation to prior offenses and release from incarceration or supervision are aspects of a defendant’s prior criminal history which are factored in to arrive at a presumptive guidelines sentence. Therefore, there is no prohibition against basing a departure sentence on such factors. Id. at 393 . And as reasoned in Newland v State, 508 SO.2d 486, 487 (Fla. 3d DCA 1987): . . . [T]he record in this case — that Newland committed at least six offenses over the course of three years, interrupted only by short sentences of imprisonment— supports the trial judge’s finding that Newland exhibited a very regular pattern of escalating criminal activity, eventually ending with his conviction of the very serious offense of armed robbery. Therefore, we find the trial court’s reliance on Newland’s pattern of criminal activity to be a clear and convincing reason for departure which is supported by the record. Id. at 487 .”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Jefferson · State v. Perez