792 So. 2d 601 - Wilson v. State’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “THE COURT: Has anyone promised you anything other than the fact [the] court would revoke your probation, adjudicate you guilty if you haven't been previously adjudicated guilty, sentences you to 128 months Florida state prison with credit for time served. Do you understand that? [DEFENSE COUNSEL]: Your Honor, before you pronounce sentence, I would like the court to hear from Mr. Wilson and hear from his fiancé. THE COURT: What is the purpose of that since this is the bottom of the guidelines and I can't go any lower than the bottom? [DEFENSE COUNSEL]: Well, your Honor, what we would be asking, for you to reinstate Mr. Wilson. THE COURT: I thought there was an agreement. [DEFENSE COUNSEL]: It's an open plea, your Honor. THE COURT: No. [DEFENSE COUNSEL]: He still wants to admit to the violation. THE COURT: No. Go to a final hearing. Set it down for a final hearing. Let's proceed. [DEFENSE COUNSEL]: Could I have a moment, your Honor? THE COURT: That's all right. Court withdraws the offer. * * * [DEFENSE COUNSEL]: Good morning again. Emilio Benitez on behalf of Mr. Wilson on page 3 [of the court's docket]. THE COURT: Are you ready to proceed to final hearing? [DEFENSE COUNSEL]: Yes, your honor. Before that, I'd like to address Mr. Wilson. Mr. Wilson, that's what you want to do? You want to go to a final hearing; is that correct? [WILSON]: Yes, sir. [DEFENSE COUNSEL]: You don't want to accept the court's offer of 128 months; is that correct? [WILSON]: No. THE COURT: And my advice ”

   1 later decision quote this exact passage
   e.g. 845 So. 2d 142 - Wilson v. State

2. “Absent a demonstration by the defendant of judicial vindictiveness or punitive action, a defendant may not complain simply because he received a heavier sentence after trial. A disparity between the sentence received and the earlier offer will not alone support a finding of vindictiveness.... Having rejected the offer of a lesser sentence, [the defendant] assumes the risk of receiving a harsher sentence. Were it otherwise, plea bargaining would be futile.”

   1 later decision quote this exact passage
   e.g. 845 So. 2d 142 - Wilson v. State

3. “Here, the plea offer was given and was voluntarily rejected. The trial judge made no remarks which would give any indication that the harsher sentence was being imposed as a punitive measure for rejecting the previous offer. Although the judge reiterated the plea offer at the start of the hearing, he did not refer to it again at sentencing, or even at the resentencing.”

   1 later decision quote this exact passage
   e.g. 845 So. 2d 142 - Wilson v. State