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← 590 So. 2d 458 - Castillo v. State

590 So. 2d 458 - Castillo v. State’s Empirical Analysis

1991

Citation profile

21
cited by 21 later decisions
3
states following
July 2016
most recently cited

4 federal appellate · 12 state decisions

How this case has been cited

Cited by 21 later decisions — most recently July 2016

4 federal appellate · 12 state decisions

100199120002010decided

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 383 So. 2d 1186 - Beugnet v. Beugnet · Kemble v. United States · Smith v. State · Florida Bar v. Pincus · Ramirez 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Section 790.23 makes it “unlawful for any person who has been convicted of a felony ... to ... have in his ... possession ... any firearm_” Id. at § 790.-23(1) (emphasis added). While the defendant in this case had a prior criminal record, the prior proceedings had resulted in the withholding of adjudication. For purposes of this statute, we construe “conviction” to mean an adjudication of guilt. See Ferguson v. State, 379 So.2d 163, 164 (Fla. 3d DCA 1980); accord Burkett v. State, 518 So.2d 1363, 1366 (Fla. 1st DCA 1988); see also Weathers v. State, 56 So.2d 536, 538 (Fla.), cert. denied, 344 U.S. 896 , 73 S.Ct. 276 , 97 L.Ed. 692 (1952); Smith v. State, 75 Fla. 468 , 78 So. 530 (1918); 14 Fla.Jur. 2d, Criminal Law § 3 (1979). Where adjudication has been withheld, the offender is not a convicted felon.”
    1 later decision quote this exact passage · from the majority
  2. “[T]he defendant pled guilty to the charge and the trial court withheld adjudication of guilt; this means that the defendant was never convicted of this felony, and that, accordingly, he could not, as we have squarely held, be convicted of unlawful possession of a firearm by a convicted felon based on such a withhold of adjudication.”
    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.