773 So. 2d 1278 - Smith 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. “Smith is also correct that it was error for the trial court to impose consecutive terms on the sentences that were enhanced through the prison releasee reoffender act. In Hale v. State, 630 So.2d 521 (Fla.1993), the Supreme Court held that once a defendant's sentences for multiple crimes committed during a single incident were enhanced through the habitual felony offender statutes, the total penalty could not be further increased by imposing consecutive sentences. The holding in Hale appears applicable to sentences enhanced through the prison releasee reoffender act. Philmore v. State, 760 So.2d 239 (Fla. 4th DCA 2000); McIntyre v. State, 757 So.2d 1288 (Fla. 4th DCA), review dismissed, 767 So.2d 458 (Fla.2000).”

   1 later decision quote this exact passage
   e.g. Smith v. State

2. “It is fundamental error for the trial court not to read this instruction because, in its absence, the jury is not fully instructed as to what constitutes lawful acts versus unlawful acts. The Florida Supreme Court has held that the definitions of justifiable and excusable homicide are to be read in all murder and manslaughter cases.”

   1 later decision quote this exact passage
   e.g. Eford v. State