Yashus 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. “[E]ven where a defendant agrees to habitual offender treatment, if the negotiated plea is for a sentence that does not exceed the statutory maximum for the offense, the court cannot, on a subsequent violation of probation, rely on the earlier agreement to be treated as an habitual offender to then sentence the defendant to an habitual offender sentence on the violation of probation.”

   2 later decisions quote this exact passage
   e.g. 796 So. 2d 540 - Yashus v. State · 778 So. 2d 435 - Terry v. State

2. “although it appears that the court intended to sentence Appellant as a habitual offender, by imposing incarcerative sentences or probationary terms that fell within the guidelines or the statutory maximums, it simply failed to accomplish what it set out to achieve.”

   1 later decision quote this exact passage
   e.g. 805 So. 2d 950 - Lett v. State

3. “where a defendant agrees to such a sentence as part of an otherwise valid plea agreement and the negotiated sentence does not exceed the statutory maximum for the particular offense involved.”

   1 later decision quote this exact passage · from the dissent
   e.g. 766 So. 2d 1147 - Rodriguez v. State