Batta v. State
The Fifth District affirmed the defendant's felony battery conviction but reversed his sentencing as a Violent Career Criminal (VCC). The court held that his prior conviction for battery on a person over 65 does not qualify as a 'forcible felony' under section 775.084(1)(d), extending the Florida Supreme Court's reasoning in Hearns (battery on a law enforcement officer) to this predicate offense.
Key facts
- Defendant was convicted of felony battery in trial court and sentenced as a Violent Career Criminal (VCC) using a prior battery on a person over 65 as one of three predicate offenses.
- The Fifth District affirmed the battery conviction but reversed the VCC sentencing designation because the prior battery conviction does not qualify as a 'forcible felony' under Florida law.
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Why it matters
This opinion reinforces and extends the Hearns/Nelson line of cases holding that batteries requiring only minimal or nominal touching—rather than actual violent force—cannot serve as predicate 'forcible felonies' for… — full analysis with a trial
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