DARNELL JOHNS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed Johns' felony battery conviction but reversed his sentence as a prison releasee reoffender because a simple battery reclassified solely due to prior conviction cannot support such enhancement.
A conviction for simple battery reclassified as felony battery solely because of a prior battery conviction cannot support a prison releasee reoffender sentence enhancement.
[1] A conviction for simple battery reclassified as a felony solely because of a prior battery conviction cannot support a prison releasee reoffender sentence enhancement bec…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“battery on a law enforcement officer is just simple battery reclassified merely because of the victim's status, and that the question of whether battery on a law enforcement officer qualifies for either a violent career criminal or a prison releasee reoffender designation must be answered consistently”
The court explained the reasoning from State v. Hearns regarding why reclassified batteries cannot support sentencing enhancements.
Darnell Johns was convicted of felony battery under section 784.03(2), Florida Statutes, which reclassifies simple battery as felony battery based on …
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BROWNING, C.J.
Darnell Johns appeals his conviction of felony battery and corresponding sentence of five years of incarceration as a prison releasee reoffender. We affirm the conviction without further discussion; however, we reverse the sentence, and remand for removal of the prison releasee reoffender designation.
The State concedes that the prison re-leasee reoffender designation was improper because the conviction was under section 784.03(2), Florida Statutes (2006), which reclassifies a simple battery as a felony battery because of a prior battery conviction. The Florida Supreme Court has recently held that a conviction for battery on a law enforcement officer will not support sentencing enhancement as a violent career criminal because it can never be a forcible felony. See State v. Hearns, 961 So. 2d 211, 219 (Fla.2007). In doing so, it noted that battery on a law enforcement officer is just simple battery reclassified merely because of the victim’s status, and that the question of whether battery on a law enforcement officer qualifies for either a violent career criminal or a prison releasee reoffender designation must be answered consistently. Id. at 217, 219. Analogously, the instant conviction was of simple battery reclassified merely because of the offender’s prior battery conviction; thus, it also can never be a forcible felony, and so will not support a prison releasee reoffender (or a violent career criminal) sentence. See Spradlin v. State, 967 So. 2d 376 (Fla. 4th DCA 2007).
AFFIRMED in part, REVERSED in part, and REMANDED for resentencing.
KAHN and ROBERTS, JJ., concur.
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Washington v. State, 199 So. 3d 1110 (Fla. 1st DCA 2016)…DCA 2009) (concluding that false imprisonment does not qualify for PRR sentencing because it is not a listed offense under the PRR statute and its elements do not necessarily involve the use or threat of physical force or violence); Johns v. State, 971 So. 2d 271, 272 (Fla. 1st DCA 2008) (concluding that a PRR designation is improper for a felony battery conviction under section 784.03(2), Florida Statutes, because that statute merely reclassifies simple battery as a felony battery based on a prior battery c…
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Dominguez v. State, 98 So. 3d 198 (Fla. 2d DCA 2012)…intentional touching, however slight, the Fourth District held “that a felony battery does not, of necessity, involve the requisite level of physical force or violence contemplated by the PRR catch-all provision.” Id. at 378; accord Johns v. State, 971 So. 2d 271, 272 (Fla. 1st DCA 2008) (“simple battery reclassified merely because of the offender’s prior battery conviction ... can never be a forcible felony, and so will not support a prison releasee reoffender ... sentence”). By contrast, felony battery un…
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Allen v. State, 984 So. 2d 656 (Fla. 1st DCA 2008)…lant’s claim has merit. See State v. Hearns, 961 So. 2d 211 (Fla.2007); Witt v. State, 387 So. 2d 922 (Fla.1980) (changes that place beyond the authority of the state the power to impose certain penalties are to apply retroactively); Johns v. State, 971 So. 2d 271 (Fla. 1st DCA 2008). We therefore reverse and remand for resen-tencing. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. BENTON, LEWIS, and ROBERTS, JJ., concur.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Hearns, 961 So. 2d 211 (Fla. 2007)
- Spradlin v. State, 967 So. 2d 376 (Fla. 4th DCA 2007)