Scherwitz v. State’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The defendant cites to Graham v. State, 559 So.2d 343 (Fla. 4th DCA 1990) for the proposition that a trial court is without power to consider a new scoresheet, over objection, containing prior convictions completely omitted from the original. The contention then is that the defendant be sentenced under a scoresheet that is simply not based upon the truth. Consequently, we do not agree with Graham because to follow it literally, the defendant receives the benefit of being sentenced under a scoresheet which mistakenly omits prior convictions. Neither the rules nor the substantive law justifies a defendant receiving the largesse of a judicial error. Since only one guidelines scoresheet may be used for each defendant covering all offenses pending before the court at sentencing, Fla.R.Crim.P. 3.701(d)(1); accord Lambert v. State, 545 So.2d 838, 841 (Fla. 1989), following the defendant's argument permits him to escape the punishment meted out by the law. Furthermore, since the defendant's violation of probation triggered the resentencing, the defendant is not being sentenced for "precisely the same conduct," and double jeopardy concerns do not come into play. State v. Payne, 404 So.2d 1055, 1058 (Fla. 1981) (citing Williams v. Wainwright, 493 F. Supp. 153, 155-56 (S.D.Fla. 1980).”

   2 later decisions quote this exact passage
   e.g. 869 So. 2d 754 - State v. Marshall · 644 So. 2d 81 - Roberts v. State