Johns v. State (971 So. 2d 271, 2008)

BROWNING, C.J.

Darnell Johns appeals his conviction of felony battery and corresponding sentence of five years of incarceration as a prison releasee reoffender. We affirm the conviction without further discussion; however, we reverse the sentence, and remand for removal of the prison releasee reoffender designation.

The State concedes that the prison re-leasee reoffender designation was improper because the conviction was under section 784.03(2), Florida Statutes (2006), which reclassifies a simple battery as a felony battery because of a prior battery conviction. The Florida Supreme Court has recently held that a conviction for battery on a law enforcement officer will not support sentencing enhancement as a violent career criminal because it can never be a forcible felony. See State v. Hearns, 961 So.2d 211, 219 (Fla.2007). In doing so, it noted that battery on a law enforcement officer is just simple battery reclassified merely because of the victim’s status, and that the question of whether battery on a law enforcement officer qualifies for either a violent career criminal or a prison releasee reoffender designation must be answered consistently. Id. at 217, 219. Analogously, the instant conviction was of simple battery reclassified merely because of the offender’s prior battery conviction; thus, it also can never be a forcible felony, and so will not support a prison releasee reoffender (or a violent career criminal) sentence. See Spradlin v. State, 967 So.2d 376 (Fla. 4th DCA 2007).

AFFIRMED in part, REVERSED in part, and REMANDED for resentencing.

KAHN and ROBERTS, JJ., concur.