788 So. 2d 1121 - Casey v. State’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When the original sentence is the product of a negotiated plea where the State gave up something, a defendant is not entitled to automatic resentencing under Heggs , even if the sentence constituted a departure under the 1994 guidelines. Latiif v. State, 787 So.2d 834 (Fla.2001). Instead, when a defendant seeks Heggs resentencing after a negotiated plea where the State gave up something, the State has the option of either agreeing to a sentence under the 1994 guidelines or withdrawing from the plea and taking the defendant to trial.”

   1 later decision quote this exact passage · from the majority
   e.g. Austin v. State

2. “Because a plea withdrawal is a potential consequence in such cases and because an evidentiary hearing may be necessary to determine whether the State gave up something in negotiating the plea, this type of claim cannot be adjudicated under rule 3.800. The defendant in such cases should seek relief under rule 3.850.”

   1 later decision quote this exact passage · from the majority
   e.g. 805 So. 2d 92 - Romero v. State