ROBERT G. JAMESON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Court reversed the denial of a motion to strike a prison releasee reoffender (PRR) mandatory minimum sentence designation from a battery on a law enforcement officer conviction, holding that BOLEO is not an eligible offense for PRR sentencing.
Battery on a law enforcement officer (BOLEO) is not an offense eligible for prison releasee reoffender (PRR) mandatory minimum sentencing.
[1] Battery on a law enforcement officer is not a qualifying offense for prison releasee reoffender mandatory minimum sentencing under Florida law.
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 intelligenceRobert G. Jameson was convicted of battery on a law enforcement officer and received a PRR mandatory minimum sentence. The postconviction court denied…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Violent Career Criminal Sentencing cases and more on FLexlaw
SILBERMAN, Judge.
Robert G. Jameson appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). In that motion, Jameson alleged that his prison releasee reoffender (PRR) mandatory minimum sentence is illegal on his conviction for battery on a law enforcement officer (BOLEO). The postconviction court found that the crime was a “forcible felony” that qualified for PRR sentencing. See §§ 775.082(9)(a), 776.08, Fla. Stat. (2004). However, the postcon-viction court was without the benefit of this court’s opinion in Walker v. State, 965 So. 2d 1281 (Fla. 2d DCA 2007), which held that BOLEO is not an offense eligible for PRR sentencing. See also State v. Hearns, 961 So. 2d 211, 217 (Fla.2007) (holding that BOLEO is not eligible for violent career criminal (VCC) sentencing and that “whether BOLEO is a qualifying offense must be answered consistently under both the VCC statute and the PRR statute”).
The State has properly conceded that the PRR designation should be stricken from Jameson’s sentence on this offense pursuant to these authorities. Accordingly, we reverse the denial of this claim and remand for the trial court to strike the PRR designation from Jameson’s conviction for BOLEO.
Reversed and remanded.
WHATLEY and LaROSE, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Hearns, 961 So. 2d 211 (Fla. 2007)
- Walker v. State, 965 So. 2d 1281 (Fla. 2d DCA 2007)