720 So. 2d 1105 - Lowman v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “There are factual issues involved in the preparation of a sentencing scoresheet that must be determined by the trial judge. Thus, for example, issues concerning prior record are resolved by the judge and not by the jury. The nature and extent of victim injury are often irrelevant to the jury's decision to convict on a particular offense. We conclude that victim injury points are properly assessed based on a factual determination by the trial judge.... The trial judge cannot assess points on a scoresheet that conflict with the jury's factual findings concerning the offense. The trial judge, however, may weigh the evidence presented during the trial or consider additional evidence at the sentencing hearing in determining victim injury points.”

   1 later decision quote this exact passage · from the dissent
   e.g. 722 So. 2d 858 - Bradford v. State

2. “a completed act of fellatio must be scored as penetration and not as sexual contact.”

   1 later decision quote this exact passage
   e.g. 741 So. 2d 512 - McCloud v. State

3. “penile union with or penetration of the victim's mouth.”

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