People v. Pena’s Empirical Analysis

Citation profile

30 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The sexual assaults in Corona occurred in a car under the defendant’s control. Defendant digitally penetrated the victim’s vagina and orally copulated her, before finally raping her. He left the car for five minutes, returned, and raped her again. “The court held mandatory consecutive sentences for the two rapes which occurred five minutes apart were proper. It held improper consecutive sentences for sexual acts occurring before the first rape. The court found specifically there was no evidence of ‘any interval “between” these sex crimes affording a reasonable opportunity for reflection; there was no cessation of sexually assaultive behavior hence defendant did not “resume sexually assaultive behavior.” ’ ( 206 Cal.App.3d at p. 18 .) “Applying its own standard to that case, the court first held the defendant could not be separately punished, under section 654, for three counts of lewd touching of the penis, where the photographs depicted ‘defendant’s uninterrupted efforts to obtain sexual gratification by having the infant play with his penis.’ [Citation.] The acts were not divisible on the basis of another offense, time, climax, or opportunity to reflect. Separate punishment was proper, however, for a lewd touching on the bed because defendant had a reasonable opportunity to reflect when he removed himself and the infant from the bathtub to his bed and changed the film in the camera. “Most importantly, however, the court held two separate counts of fellatio could not be uph”

   1 later decision quote this exact passage
   e.g. 43 Cal. App. 4th 1063 - People v. Irvin