693 So. 2d 46 - Guinto v. State’s Empirical Analysis
1997
Citation profile
3
cited by 3 later decisions
1
states following
February 2001
most recently cited
3 state decisions
Relationships
Relies on Blockburger v. United States · United States v. Dixon · 634 So. 2d 153 - Sirmons v. State · 678 So. 2d 319 - Boler v. State · 565 So. 2d 846 - Miller v. Dugger
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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“When one attempts to commit sexual battery with a firearm ..., one is attempting to commit a felony (sexual battery) with the use of violence or a deadly weapon. Thus, one cannot commit an attempted sexual battery without also committing an aggravated assault. Cf. Fierro v. State, 653 So.2d 447 (Fla. 1st DCA 1995). In this case, the appellant’s attempt to have the victim perform oral sex on him constituted an assault with the intent to commit a felony. The two are one and the same, and both the statute and the double jeopardy clause prohibit multiple convictions and punishments for both charges.”
1 later decision quote this exact passagee.g. State v. Nardi
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.