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← 76 Cal. App. 4th 759 - People v. Eck

76 Cal. App. 4th 759 - People v. Eck’s Empirical Analysis

1999

Citation profile

6
cited by 6 later decisions
1
states following
November 2007
most recently cited

6 state decisions

Relationships

Relies on 63 Cal. 2d 740 - In Re Estrada · People v. Sergio R. · 59 Cal. App. 4th 1523 - People v. Myers · People v. Jones · 4 Cal. App. 4th 516 - People v. Dominguez

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. “that fails to rely on the perpetrator's intent for determining whether multiple punishment is permissible under section 654. Rather, I would simply assume (without deciding) that section 654 applies to the enhancements at issue, and would affirm the judgment under established section 654 principles. NOTES [1] All further statutory references are to the Penal Code. [2] Although use of a firearm is an element of assault with a firearm, section 12022.5, subdivision (d) includes the following exception:”
    1 later decision quote this exact passage
  2. “the lesser enhancement ... is subsumed into [the greater enhancement] ... for the same infliction of great bodily injury[,] ... section 654 bars multiple punishment for the same act, and the lesser punishment ... must be stayed.”
    1 later decision quote this exact passage

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.