ERIC DE LA PORTILLA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2009-02-25
No. 3D08-3146
Before GERSTEN, C.J., LAGOA, J„ and SCHWARTZ, Senior Judge.
2 So. 3d 1125 Florida District Court of Appeal, Third District (2009) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Eric De La Portilla (“defendant”) appeals the summary denial of his motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse because the trial court erred in finding that defendant’s conviction for battery on a law enforcement officer qualified for a violent career criminal sentence. See State v. Hearns, 961 So.2d 211 (Fla.2007). Accordingly, we reverse and remand to resentence defendant without the violent career criminal designation on the battery on a law enforcement officer count.

Reversed and remanded with instructions.

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Cited By

  • Benjamin v. State, 20 So. 3d 945 (Fla. 3d DCA 2009)
    …enses was battery on a law enforcement officer. The Florida Supreme Court has held that battery on a1 law enforcement officer is not a qualifying offense for VCC [*947] sentencing. State v. Hearns, 961 So. 2d 211 (Fla.2007); De La Portilla v. State, 2 So. 3d 1125 (Fla. 3d DCA 2009). In this case, the trial court denied relief on the theory that Benjamin had previously made this same claim and the claim was denied.3 However, because of the severity of the sentence, this case fits squarely within the ‘manifes…

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