597 So. 2d 309 - King v. State’s Empirical Analysis

Citation profile

73 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 74 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “any term of years not less than the minimum mandatory nor more than the maximum sentence provided in subsections 775.084(4)(b)(1), (2) and (3).”

   5 later decisions quote this exact passage
   e.g. King v. State · 605 So. 2d 505 - Lowe v. State

2. “if it is necessary for the protection of the public to sentence the defendant to an extended term.”

   4 later decisions quote this exact passage
   e.g. King v. State · 620 So. 2d 1028 - Rankin v. State

3. “In order to properly sentence a defendant found to be an habitual felony offender to probation or community control, the trial judge would first have to make a decision under subsection 775.084(4)(c) that a sentence as an habitual felony offender was not necessary. Having made that decision, a sentence pursuant to sentencing guidelines would then be required. If the guidelines recommended sentence called for a sentence other than probation or community control, in order to impose such a sentence, the trial judge would be required to enter an order finding proper reasons for a downward departure. Only then could the state appeal such a sentence based upon an improper departure.”

   3 later decisions quote this exact passage
   e.g. Ackers v. State · State v. Tillman