Gonzales v. State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We find that the phrase “the defendant used or exhibited a deadly weapon” implies that the defendant, himself, use or exhibit a deadly weapon during the commission of a felony or flight therefrom. When a defendant is a party ... to the use or exhibition of a deadly weapon, there must be a specific finding by the trier of facts that the defendant himself used or exhibited the deadly weapon.”

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

2. “1) the deadly weapon or firearm has been specifically pled as such in the indictment and the jury returns a verdict of “guilty as charged in the indictment”; 2) where not specifically pled as a deadly weapon or firearm, but the weapon pled is per se a deadly weapon; or 3) a special issue is submitted and answered affirmatively.”

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

3. “... Upon affirmative finding that the defendant used or exhibited a deadly weapon during the commission of an offense or during immediate flight therefrom, the trial court shall enter the finding in the judgment of the court....”

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