State v. Randall’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) A downward departure from the lowest permissible sentence, as calculated according to the total sentence points pursuant to s. 921.0024, is prohibited unless there are circumstances or factors that reasonably justify the downward departure. Mitigating factors to be considered include, but are not limited to, those listed in subsection (2). The imposition of a sentence below the lowest permissible sentence is subject to appellate review under chapter 924, but the extent of downward departure is not subject to appellate review. (2) Mitigating circumstances under which a departure from the lowest permissible sentence is reasonably justified include, but are not limited to: * * * (d) The defendant requires specialized treatment for a mental disorder that is unrelated to substance abuse or addiction or for a physical disability, and the defendant is amenable to treatment. (e) The need for payment of restitution to the victim outweighs the need for a prison sentence. * * * (i) The defendant cooperated with the state to resolve the current offense or any other offense. (j) The offense was committed in an unsophisticated manner and was an isolated incident for which the defendant has shown remorse.”

   2 later decisions quote this exact passage
   e.g. 973 So. 2d 1259 - State v. Stephenson · 807 So. 2d 122 - State v. Tyrrell

2. “[E]ven if some of the court's stated reasons are insufficient, only one valid reason is necessary to sustain a departure.”

   1 later decision quote this exact passage
   e.g. 855 So. 2d 119 - State v. Hinson