562 So. 2d 792 - Donald v. State’s Empirical Analysis

Citation profile

34 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[o]nce the court decides, however, to sentence a defendant as an habitual felony offender or habitual violent felony offender, then the court is required to impose sentence in conformity with sections 775.084(4)(a) or 775.084(4)(b).”

   5 later decisions quote this exact passage
   e.g. King v. State · 570 So. 2d 1045 - Pittman v. State

2. “While it is true that a sentence imposed under section 775.084 is not subject to the sentencing guidelines, ... it is our view that only a sentence imposed in accordance with section 775.084(4)(a) or (b) is exempt from the guidelines. The court may not, as it did in this case, adjudicate an offender to be an habitual violent felon and in the case of a felony of the first degree, sentence the felon to a term of years rather than to a life sentence with a minimum mandatory of fifteen years, required by section 775.084(4)(b)1. The felon must be sentenced under section 775.084 or pursuant to the sentencing guidelines, but the trial court may not, as it did here, sentence the felon to a departure guidelines sentence without written reasons on the grounds that the defendant is an habitual violent felony offender.”

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

3. “(4)(a) The court in conformity with the procedure established in subsection (3), shall sentence the habitual felony offender as follows: 1. In the case of a felony of the first degree, for life.”

   1 later decision quote this exact passage
   e.g. 578 So. 2d 471 - State v. Fannin