ERIC LEONARD KNOWLES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The Fourth District Court of Appeal upheld a felony battery conviction where the defendant's prior predicate offense was a conviction for battery on a law enforcement officer. The court held that battery on a law enforcement officer, though reclassified as a felony based on victim status, constitutes "battery" under the felony battery statute and qualifies as a valid predicate offense.
A prior conviction for battery on a law enforcement officer constitutes "battery" under section 784.03(2) and therefore qualifies as a valid predicate offense for a felony battery charge. Battery on a law enforcement officer involves the exact same conduct as misdemeanor battery, with the only difference being the victim's status, making it effectively a misdemeanor battery reclassified to a felony.
[1] A prior conviction for battery on a law enforcement officer qualifies as a predicate offense for felony battery under section 784.03(2), Florida Statutes.
[2] Battery on a law enforcement officer involves the same conduct as misdemeanor battery, with the felony classification stemming from the victim's status.
Previewing 2 of 4 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“the crime of battery on a law enforcement officer can be a predicate offense for a felony battery charge, since the battery on a law enforcement officer "involves the exact same conduct as misdemeanor battery, the only difference being the victim's status."”
Establishes the core rationale that battery on a law enforcement officer is merely a reclassification of misdemeanor battery based on victim status
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Join FLexlaw to unlock all legal intelligenceKnowles was charged with felony battery with a prior conviction and false imprisonment. A jury found him guilty of battery in the first phase of trial…
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The issue presented is whether a prior conviction for battery on a law enforcement officer, pursuant to section 784.07, Florida Statutes, is a sufficient predicate for a violation of section 784.03(2), Florida Statutes, felony battery, which requires one prior conviction for “battery, aggravated battery, or felony battery.” We find that under this particular statute, the prior conviction for battery on a law enforcement officer would meet the requisite requirement to sustain a conviction for felony batteiy.
Appellant was charged with felony battery with a prior conviction as well as false imprisonment. The jury, after the first phase of the trial, found appellant guilty of battery. The trial court then proceeded to a phase two proceeding to determine if appellant had been previously convicted of “battery, aggravated battery, or felony battery” as enumerated in section 784.03(2). The jury found appellant had been previously convicted of a “battery, aggravated battery, or felony battery,” and appellant was convicted and sentenced for the crime of felony battery. As a result, this appeal ensues.
This appeal presents an issue of statutory interpretation, thus we review the conviction under the de novo standard. D.A. v. State, 11 So.3d 423, 423 (Fla. 4th DCA 2009).
Appellant argues that a prior conviction for battery on a law enforcement officer cannot be a predicate offense for felony battery since the statute does not explicitly enumerate battery on a law enforcement officer as one of the predicate crimes. The statute merely lists “battery, aggravated battery, or felony battery” as predicates.
It is clear that the crime of battery on a law enforcement officer can be a predicate offense for a felony battery charge, since the battery on a law enforcement officer “involves the exact same conduct as misdemeanor batteiy, the only difference being the victim’s status.” State v. Hearns, 961 So.2d 211, 219 (Fla.2007).1 The offense alleged in a batteiy on a law enforcement officer is effectively a misdemeanor charge of battery reclassified to a felony due to *599the status of the victim. Section 784.07(2) states that “[w]henever any person is charged with knowingly committing an assault or battery upon a law enforcement officer ... the offense for which the person is charged shall be reclassified as follows: ... (b) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree.”
In State v. Warren, 796 So.2d 489 (Fla. 2001), the Florida Supreme Court, construing a prior version of section 784.03(2), determined that a conviction for aggravated battery could be one of the predicate convictions for a felony battery charge where the prior statute required “two pri- or convictions for battery.” The Court succinctly concluded that, for the purpose of the successor felony battery statute, “[a]n aggravated battery is a battery.” Id. at 490.
In summary, we find that a prior conviction for battery on a law enforcement officer constitutes a “battery” under section 784.03(2) and, as such, may serve as a predicate offense for a felony battery charge. We, thus, affirm the conviction and sentence.
Affirmed.
WARNER and POLEN, JJ., concur.
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Ramirez v. State, 113 So. 3d 105 (Fla. 5th DCA 2013)…s the penalties accordingly. See § 784.07(2)(b), Fla. Stat. (2009); Purdy v. State, 844 So. 2d 758, 759 (Fla. 5th DCA 2003) (holding that battery on law enforcement officer is just battery reclassified by victim’s status); see also Knowles v. State, 65 So. 3d 597, 598-99 (Fla. 4th DCA 2011) (reasoning that because battery on law enforcement officer involves exact same conduct as misdemeanor battery, battery on law enforcement officer was valid predicate for conviction of felony battery (one prior)). This is…
Authorities Cited
- State v. Hearns, 961 So. 2d 211 (Fla. 2007)
- D.A. v. State, 11 So. 3d 423 (Fla. 4th DCA 2009)
- State v. Johann S. Warren, 796 So. 2d 489 (Fla. 2001)