Johnson v. State’s Empirical Analysis

Citation profile

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

1. “In Grant [v. State, 770 So.2d 655 (Fla.2000) ], the defendant argued that his concurrent fifteen-year HFO and PRR sentences for sexual battery violated his double jeopardy rights. Id. at 657 . The supreme court rejected this argument. Id. at 658 . However, the supreme court concluded that the sentences violated the PRR [statute] because the HFO and PRR sentences were equal in length. Id. at 659 . The supreme court observed that, under the PRR [statute], “ ‘[n]oth-ing in this subsection shall prevent a court from imposing a greater sentence of incarceration as authorized by law, pursuant to [the HFO statute] or any other provision.’” Id. at 658 (citing § 775.082(8)(c), Fla. Stat. (1997), now § 775.082(9)(c)) (emphasis supplied). Consequently, concurrent HFO and PRR sentences for the same offense are permissible when the incarceration period of the HFO sentence exceeds the PRR sentence. Id. at 658-59. The sentences in Grant involved equal periods of incarceration under the HFO and PRR. Grant’s reasoning is equally applicable to a true split sentence. We reiterate, section 775.082(9)(c) provides that “[n]othing in this subsection shall prevent a court from imposing a greater sentence of incarceration as authorized by law....” Thus, if the incarceration portion of an HFO sentence does not exceed the PRR sentence, the sentences violate the PRR. See Grant, 770 So.2d at 659 ; Morales v. State, 901 So.2d 1032, 1033 (Fla. 2d DCA 2005).”

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