WILLIAM FRANK BUTLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WILLIAM FRANK BUTLER, APPELLANT,
STATE OF FLORIDA, APPELLEE
946 So. 2d 1131
Florida District Court of Appeal, Second District (2006)
Negative Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We affirm William Butler’s conviction for resisting arrest with violence and his sentence as a violent career criminal. See Brown v. State, 789 So. 2d 366 (Fla. 2d DCA 2001) (affirming prison releasee reof-fender sentence when battery on a law enforcement officer was qualifying forcible felony). On the sentencing issue, we certify conflict with Hearns v. State, 912 So. 2d 377 (Fla. 3d DCA 2005) (holding that battery on a law enforcement officer does not always constitute forcible felony for enhanced sentencing), review granted, 926 So. 2d 1270 (Fla.2006).
Affirmed; conflict certified.
FULMER, C.J., and NORTHCUTT, J., and THREADGILL, EDWARD F., Senior Judge, Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Butler v. State, 969 So. 2d 355 (Fla. 2007)…PER CURIAM. We have for review Butler v. State, 946 So. 2d 1131 (Fla. 2d DCA 2006), in which the Second District Court of Appeal certified conflict with Hearns v. State, 912 So. 2d 377 (Fla. 3d DCA 2005), approved, 961 So. 2d 211 (Fla.2007). We have jurisdiction. See art V, § 3(b)(4), Fla. Const. We stayed pro…
Authorities Cited
- Carnival Corp. v. Velchez, 789 So. 2d 366 (Fla. 3d DCA 2001)
- Hearns v. State, 912 So. 2d 377 (Fla. 3d DCA 2005)
- Simons v. State, 926 So. 2d 1270 (Fla. 2006)