District Court of Appeal of Florida

Motion for rehearing is granted and the court's previous opinion is reversed and remanded where the offense of battery on a law enforcement officer cannot act as a qualifying offense for purposes of sentencing as a violent career criminal since the offense of battery does not necessarily involve physical force or violence.

Appellate Information

• Decided 03/08/2006
• Published 03/08/2006

Judges

• Before FLETCHER, WELLS, and SUAREZ, JJ.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Bennett H. Brummer, Public Defender, and Robert Godfrey, Assistant Public Defender, for appellant.


• For Appellees:
  
• Charles J. Crist, Jr., Attorney General, and Douglas J. Glaid, Assistant Attorney General, for appellee.