RICHARD BRYANT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2008-10-01
No. 4D08-2824
WARNER, POLEN and HAZOURI, JJ., concur.
991 So. 2d 999 Florida District Court of Appeal, Fourth District (2008)

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Synopsis

Richard Bryant appeals the denial of his motion to correct an illegal sentence challenging his designation as a violent career criminal (VCC) for felony causing bodily injury. The Fourth District affirms, holding that the offense constitutes a forcible felony under Florida law because causing bodily injury is a statutory element of the crime.


Holding

The court holds that felony causing bodily injury is a forcible felony for purposes of VCC sentencing because causing bodily injury is a necessary element of the offense, and the statutory definition requires an act that causes bodily injury to another.


Headnotes

[1] A violent career criminal (VCC) designation requires the underlying offense to be an enumerated felony for which VCC sentencing can be imposed.

[2] For purposes of violent career criminal (VCC) sentencing, an offense is considered a forcible felony if the use or threat of physical force or violence against any indivi…

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Key Quotes

“the only consideration in determining whether an offense is a forcible felony for purposes of VCC sentencing is the statutory elements of the offense”

Establishes the legal standard for determining forcible felony status under VCC sentencing law

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Facts & Procedural History

Bryant was sentenced as a violent career criminal under section 775.084(l)(e) for the offense of felony causing bodily injury in violation of section …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Richard Bryant (Defendant) appeals from an order summarily denying his motion to correct illegal sentence, filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure, and the order denying his motion for rehearing. He challenged his sentencing designation as a violent career criminal (VCC) pursuant to section 775.084(l)(e), Florida Statutes (1997), for the offense of felony causing bodily injury, in violation of section 782.051(1), Florida Statutes (1997), asserting that the offense was not an enumerated felony for which VCC sentencing could be imposed. The motion was denied based on a state response which argued that the offense was a forcible felony as described in section 776.08. We agree and affirm.

State v. Hearns, 961 So. 2d 211 (Fla.2007), instructs that the only consideration in determining whether an offense is a forcible felony for purposes of VCC sentencing is the statutory elements of the offense. “If ‘the use or threat of physical force or violence against any individual’ is not a necessary element of the crime, ‘then the crime is not a forcible felony within the meaning of the final clause of section 776.08.’ ” Id. at 216 (quoting Perkins v. State, 576 So. 2d 1310, 1313 (Fla.1991)).

The version of section 782.051(1) which was in effect at the time Defendant committed his offense reads as follows:

(1) Any person who perpetrates or attempts to perpetrate any felony enumerated in s. 782.04(3) and who commits, aids, or abets an act that causes bodily injury to another commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life, or as provided in s. 775.082, s. 775.083, or s. 775.084, which is an offense ranked in level nine of the sentencing guidelines. Victim injury points shall be scored under this subsection.

§ 782.051(1), Fla. Stat. (1997) (emphasis added).1

Because causing bodily injury is an element of the offense, we agree that it is a forcible felony for purposes of VCC sentencing.

Affirmed.

WARNER, POLEN and HAZOURI, JJ., concur. . This provision was titled "Felony causing bodily injury." The provision was substantially amended, and was retitled "Attempted felony murder,” effective October 1, 1998. See Ch. 98-204, § 12, at 1969-70, Laws of Fla.


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