SC05-2122 – State Of Florida v. Bill Monroe Hearns

State: Florida

Docket No: SC05-2122

Case Date: 04/19/2007

Preview:Supreme Court of Florida
____________ No. SC05-2122 ____________ STATE OF FLORIDA, Petitioner, vs. BILL MONROE HEARNS, Respondent. [April 26, 2007] CANTERO, J. In this case, we decide whether battery on a law enforcement officer (BOLEO) is a "forcible felony" for purposes of a statute that increases criminal sentences for violent career criminals. We review Hearns v. State, 912 So. 2d 377 (Fla. 3d DCA 2005), based on express and direct conflict on two issues. First, the decision conflicts with our decision in Perkins v. State, 576 So. 2d 1310 (Fla. 1991), on the issue of whether, in determining whether a particular crime is a "forcible felony," one considers the evidence in the case or only the statutory elements of the offense. Second, the decision conflicts with cases from other district courts of appeal on the question of whether BOLEO is a forcible felony.

We have jurisdiction. See art. V,

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