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STATE v. HEARNS

No. SC05-2122.

961 So.2d 211 (2007)

STATE of Florida, Petitioner, v. Bill Monroe HEARNS, Respondent.

Supreme Court of Florida.

Rehearing Denied July 10, 2007.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, FL, Richard L. Polin, Bureau Chief, Criminal Appeals and Douglas J. Glaid, Senior Assistant Attorney General, Miami, FL, for Petitioner.

Bennett H. Brummer, Public Defender, and Robert Godfrey, Assistant Public Defender, Eleventh Judicial Circuit, Miami, FL, for Respondent.

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

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