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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.
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