525 So. 2d 964 - Johnson v. State’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) "Robbery" means the taking of money or other property which may be the subject of larceny from the person or custody of another by force, violence, assault, or putting in fear. (2)(a) If in the course of committing the robbery the offender carried a firearm or other deadly weapon, then the robbery is a felony of the first degree ... (b) If in the course of committing the robbery the offender carried a weapon, then the robbery is a felony of the first degree ... (c) If in the course of committing the robbery the offender carried no firearm, deadly weapon or other weapon, then the robbery is a felony of the second degree....”

   2 later decisions quote this exact passage
   e.g. Witherspoon v. State · Walsh v. State

2. “Finally, we explain why this scoring error was preserved for review although raised for the first time in a 3.800 motion. Error in scoring a prior conviction based on the degree of the felony, which results in a de facto departure sentence, is reviewable without contemporaneous objection where the error is apparent from the record. Merchant v. State, 509 So.2d 1101 (Fla. 1987). In addition to being reviewable on direct appeal without contemporaneous objection, such an error is also reviewable collaterally pursuant to Florida Rule of Criminal Procedure 3.800 as amended in State v. Whitfield, 487 So.2d 1045 (Fla. 1986) .”

   1 later decision quote this exact passage
   e.g. 543 So. 2d 1289 - Johnson v. State

3. “in the language of Rule 3.701 d.5.(a)(3). The prior offense should therefore have been scored as a third degree felony. Id. at 966 . In the case at bar, had Jenkins been convicted of armed robbery out-of-state, his guideline scoring would be governed by Florida Rule of Criminal Procedure 3.701 d.5.(a)(2) which provides”

   1 later decision quote this exact passage
   e.g. 556 So. 2d 1239 - Jenkins v. State