Supreme Court of Florida
State of Florida v. Hearns, SC05-2122
Battery on a law enforcement officer (BOLEO) is not a "forcible felony" for purposes of a statute that increases criminal sentences for violent career criminals. In determining whether a crime constitutes a forcible felony, courts must consider only the statutory elements of the offense, regardless of the particular circumstances involved.
Appellate Information
- Decided 04/26/2007
- Published 04/26/2007
Judges
- CANTERO, J.
Court
- Supreme Court of Florida
Counsel
- For Appellant:
- Bill McCollum, Attorney General, Tallahassee, FL, Richard L. Polin, Bureau Chief, Criminal Appeals and Douglas J. Glaid, Senior Assistant Attorney General, Miami, FL, for Petitioner.
- For Appellees:
- Bennett H. Brummer, Public Defender, and Robert Godfrey, Assistant Public Defender, Eleventh Judicial Circuit, Miami, FL, for Respondent.