574 So. 2d 222 - Johnson v. State’s Empirical Analysis
1991
Citation profile
13 state decisions
How this case has been cited
Cited by 14 later decisions — most recently April 2019
13 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 North Carolina v. Pearce · 531 So. 2d 161 - Poore v. State · 547 So. 2d 925 - State v. Green · 283 So. 2d 857 - Troupe v. Rowe · 545 So. 2d 851 - Franklin v. State
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The double jeopardy clause of the federal constitution applies to the imposition of sentence as well as the determination of guilt and prohibits the imposition of a second or subsequent sentence after imposition of a valid sentence as to “the same offense.” Once a defendant has commenced the service of a valid sentence, the court cannot, constitutionally, again sentence him for the “same offense” or make the original sentence more onerous, [footnote omitted] The Legislature cannot authorize a violation of this fundamental constitutional right and section 958.04(4)(e) cannot constitutionally authorize, even after violation of probation, a second sentence imposing punishment more onerous or severe than that which has been imposed by a prior valid sentence on the same conviction of what is factually, legally and constitutionally “the same offense.””
1 later decision quote this exact passage · from the majoritye.g. Fayson v. State“Once a defendant has commenced the service of a valid sentence the court cannot, constitutionally, again sentence him for “the same offense,” or make the original sentence more onerous. The legislature cannot authorize a violation of this fundamental constitutional right and section 958.04(4)(e) cannot constitutionally authorize, even after violation of probation, a second sentence imposing punishment more onerous or severe than that which has been imposed by a prior valid sentence on the same conviction of what is factually, legally and constitutionally “the same offense.””
1 later decision quote this exact passage · from the majority“[i]f the offender violates the conditions of probation, the court may revoke probation and impose any sentence that it might have originally imposed.”
1 later decision quote this exact passage · from the majority
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.