677 So. 2d 45 - Grant v. State’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Defendant correctly argues that the judgment is in error in classifying the crime as a first degree felony. Here the state elected to charge defendant with burglary with an assault or battery. See § 810.02(2)(a), Fla. Stat. (1993). That offense is a first degree felony punishable by life imprisonment. Id. The effect of the weapon enhancement statute, § 775.087(1), Fla. Stat., is to enhance the offense from a first degree felony to a life felony. Id. § 775.087(1)(a). Consequently, the judgment should have reflected that the burglary offense in this case is a life felony. See id.; Lamont v. State, 610 So.2d 435, 438-39 (Fla.1992); Lareau v. State, 573 So.2d 813, 814-15 (Fla.1991); Lafleur v. State, 661 So.2d 346, 349 (Fla. 3d DCA 1995). It follows ... that defendant's adjudication as a habitual violent felony offender on this count must be reversed ... Under the version of the habitual offender statute in existence at that time, the statute did not provide an enhanced habitual offender penalty for a defendant who committed a life felony. Lamont v. State, 610 So.2d at 438 ; Lafleur v. State, 661 So.2d at 349 .”

   1 later decision quote this exact passage
   e.g. 689 So. 2d 1150 - Nathan v. State