Carl Reginald Dunlap v. State
The Sixth DCA affirmed a Violent Career Criminal sentencing enhancement, holding that attempted manslaughter by act qualifies as a forcible felony under section 776.08's catch-all provision under the Hearns/Perkins statutory-elements test. The court also rejected facial and as-applied constitutional challenges to the VCC statute premised on Erlinger v. United States, finding the facial challenge failed because circumstances exist where the statute could be applied constitutionally, and the as-applied challenge was unpreserved.
Key facts
- Defendant was sentenced with a Violent Career Criminal enhancement based on a prior conviction for attempted manslaughter by act.
- The trial court imposed the VCC enhancement, and defendant appealed, challenging both whether attempted manslaughter qualifies as a forcible felony and whether the VCC statute violates the Sixth Amendment under Erlinger v. United States.
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Why it matters
This opinion creates an express, certified conflict among Florida's district courts on whether criminal attempt offenses can qualify as forcible felonies under section 776.08's catch-all provision, making the issue ripe… — full analysis with a trial
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