630 So. 2d 1059 - State v. Davis’s Empirical Analysis

Citation profile

50 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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(d)(16) The presumptive sentence is assumed to be appropriate for the composite score of the defendant. Where the total sentence points do not exceed 40, the court has the flexibility to impose any lawful term of probation with or without a period of incarceration as a condition of probation, a county jail term alone, or any nonincarcerative disposition. Any sentence may include a requirement that a fine be paid.”

   2 later decisions quote this exact passage
   e.g. 643 So. 2d 679 - Hause v. State · 668 So. 2d 654 - Simmons v. State

2. “Thus, nonstate prison sanctions, which include county jail time, community control, and incarceration are disjunctive sentences. Combining any or all of them creates a departure sentence for which written reasons must be given.”

   2 later decisions quote this exact passage
   e.g. 677 So. 2d 41 - Lee v. State · 668 So. 2d 654 - Simmons v. State

3. “when the presumptive guideline sentence directs community control or incarceration, the imposition of both represents a departure from the sentencing guidelines, requiring proper written reasons for the departure.”

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