748 So. 2d 945 - State v. OC’s Empirical Analysis
1999
Citation profile
13 state decisions
How this case has been cited
Cited by 13 later decisions — most recently January 2023
13 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Sutton v. United States · 14 Cal. 4th 605 - People v. Gardeley · 118 S. Ct. 143 - Richardson v. Old Republic Surety Co. · 588 So. 2d 957 - Department of Law Enf. v. Real Property · 489 So. 2d 1125 - State v. Saiez
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Fourteenth Amendment to the United States Constitution, and article I, section 9 of the Florida Constitution, protect a citizen's right to `due process of law.'”
2 later decisions quote this exact passage“(2) “Criminal Street Gang Member” is a person who is a member of a criminal street gang ... and who -meets two or more of the following criteria: (a) Admits to criminal street gang membership. (b) Is identified as a criminal street gang member by a parent or guardian. (c) Is identified as a criminal street gang member by a documented reliable informant. (d) Resides in or frequents a particular criminal street gang’s area and adopts their style of dress, their use of hand signs, or their tattoos, and associates ■with known criminal street gang members. (e) Is identified as a criminal street gang member by an informant of previously untested reliability and such identification is corroborated by independent information. (f) Has been arrested more than once in the company of identified criminal street gang members for offenses which are consistent with usual criminal street gang activity. (g) 'Is identified as a criminal street gang member by physical evidence such as photographs or other documentation. (h) Has been stopped in the company of known criminal street gang members four or more times.”
1 later decision quote this exact passagee.g. State v. Bonds“Enhancement applies regardless of a defendant’s knowledge or control of, or consent to, the other alleged gang members’ criminal acts. Conversely, enhancement does not require that the [Sjtate show that the offenses committed by others w[ere] committed for the benefit of, at the direction of, or in association with any criminal street gang. The statute does not even require that crimes committed by the other alleged gang members be gang[-]related, just that the crimes be committed by alleged gang members. Assuming that a defendant is a gang member, the statute would punish a defendant not for his own acts, but because of unrelated criminal acts of persons with whom he may have been or is associated, or over whom he has no control whatsoever. This amounts to enhanced sentencing based on association, and nothing else.”
1 later decision quote this exact passagee.g. State v. Bonds
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.