Wright v. State’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Section 812.13(2)(c), Florida Statutes, classifies a robbery, which without the presence of a weapon (or firearm) would be a felony of the second degree, as a felony of the first degree "[i]f in the course of committing the robbery the offender carried a weapon." (Emphasis added). This language is similar to that used in section 775.0845 which reclassifies the offense to the next higher degree "if, while committing the offense, the offender was wearing a ... mask." Here, both the classification (robbery) and the reclassification (the mask general reclassification) of the offense is based on the offender's, as opposed to the defendant's, conduct. Concerning section 812.13(2)(b), this court has held that if two individuals participate in a robbery in which only one arms himself, both are guilty of the enhanced offense. See [ Hough v. State, 448 So.2d 628 (Fla. 5th DCA 1984)]. Here, we have three people, one vicariously, participating in a robbery and attempted carjacking in which masks were worn. If by wearing the masks, the two actual perpetrators committed a distinct, substantive offense of the first degree, then it appears that section 777.011 would make their absent accomplice guilty of the same. If, however, section 775.0845 is considered to be only a sentencing enhancer, then [ State v. Rodriguez, 602 So.2d 1270 (Fla.1992)], compels us to limit the driver's conviction to robbery and attempted carjacking and to limit his sentence accordingly. Since it appears to us that th”

   1 later decision quote this exact passage
   e.g. 810 So. 2d 873 - Wright v. State

2. “Wright was the driver of a vehicle from which two accomplices with masks emerged to venture forth to rob another driver of his cell phone and bag. They also attempted to hijack that driver's vehicle but he ran away with the keys. Wright was convicted of both robbery with a mask and attempted carjacking with a mask. Because the robbery was completed before the defendants demanded the keys to the car, we find that the convictions for both the robbery and the attempted carjacking were proper.”

   1 later decision quote this exact passage
   e.g. 810 So. 2d 873 - Wright v. State

3. “The earlier version of section 775.0845 was clearly a sentence enhancer. It was initially entitled "wearing masks while committing offense; enhanced penalties." This was pointed out in Cabal v. State, 678 So.2d 315 (Fla.1996), in which the supreme court implicitly invited the legislature to amend the statute in order to reclassify "the conduct as a distinct, substantive offense." The legislature did so in 1997. See section 775.0845, Fla. Stat. (1997).”

   1 later decision quote this exact passage
   e.g. 810 So. 2d 873 - Wright v. State