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← 869 So. 2d 45 - Sims v. State

869 So. 2d 45 - Sims v. State’s Empirical Analysis

2004

Citation profile

5
cited by 5 later decisions
1
states following
September 2008
most recently cited

5 state decisions

Relationships

Relies on 680 So. 2d 413 - Bonifay v. State · 509 So. 2d 1088 - Florida Rules of Criminal Procedure re Sentencing Guidelines (Rules 3.701 & 3.988) · 697 So. 2d 1211 - Crump v. State · 822 So. 2d 1275 - Schuette v. State · 692 So. 2d 199 - Martinez v. State

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

  1. “A trial court abuses its discretion `only where no reasonable man would take the view adopted by the trial court.'”
    2 later decisions quote this exact passage
  2. “In the present case there is substantial[,] competent evidence that the Victim was dragged after being hit by Mr. Sims' vehicle. Using the reasoning set forth in May , we conclude that there was a sufficient causal connection between the leaving of the accident scene and the death to justify the imposition of victim injury points, and that the trial judge did not abuse his discretion in doing so. Mr. Sims has brought to our attention two cases from the Second District Court of Appeal that he believes stand for the proposition that victim injury points should not be assessed for the crime of which he was convicted. An examination of these cases, Rodriguez v. State, 684 So.2d 864 (Fla. 2d DCA 1996), and Geary v. State, 675 So.2d 625 (Fla. 2d DCA), review denied, 680 So.2d 422 (Fla.1996), however, reflects that our sister court concluded that in those cases there was no causal connection between the crimes and the victim injury. In the present case, however, as we have indicated, there is a nexus between the death of the Victim and the crime.”
    1 later decision quote this exact passage
  3. “"Victim injury" is scored for physical injury or death suffered by a person as a direct result of any offense pending before the court for sentencing. . . . Victim injury must be scored for each victim physically injured and for each offense resulting in physical injury whether there are one or more victims. However, victim injury must not be scored for an offense for which the offender has not been convicted.”
    1 later decision quote this exact passage · from the dissent

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.