52 Cal. App. 4th 203 - People v. Wright’s Empirical Analysis
1996
Citation profile
38 state decisions
How this case has been cited
Cited by 38 later decisions — most recently June 2019 · most notably 19 Cal. 4th 142 - People v. Breverman (1998), People v. Parson (2008)
38 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 12 Cal. 4th 186 - People v. Barton · 45 Cal. 2d 171 - In Re Hess · 34 Cal. 3d 92 - People v. Wolcott · 64 Cal. 2d 633 - People v. Anderson · 2 Cal. 4th 1 - People v. Visciotti
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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'must necessarily be based upon reasonable probabilities rather than upon mere possibilities' "].) Indeed, the special circumstance instructions required findings beyond those necessary for the felony-murder conviction-findings in tension with defendants' theories-so no logical inconsistency necessarily arises. Moreover, the jury instructions clearly required the jury to consider the special circumstance allegation separately from the felony-murder conviction under a beyond a reasonable doubt standard. We are thus not persuaded by defendants' contention that the likelihood of a different result rises to a reasonable probability. 6 Defendants also raise an argument that the firearm-related jury findings show the unreliability of the special circumstance finding. That is not the case. The jury found untrue the allegation that a principal was armed, along with the allegation that Gonzalez personally and intentionally discharged a firearm, and it acquitted Gonzalez of count two for shooting at an occupied motor vehicle. These findings are not irreconcilable with the jury's special circumstance finding, and do not affect the outcome. Even if the jury was not persuaded that Gonzalez was armed, a perpetrator need not be armed with a weapon to create the force or fear necessary for robbery. The force sufficient to establish robbery exists even if there is merely a "quantum [of force] more than which is needed ... to take the property from the person of the victim.”
1 later decision quote this exact passage“A defendant can commit a battery indirectly by causing the force to be applied to the person of another [citation] and thus can be guilty of indirect assault as well.”
1 later decision quote this exact passage“[T]he 'force' required for robbery is not necessarily synonymous with a physical corporeal assault.”
1 later decision quote this exact passagee.g. People v. Montalvo
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.