Enhancement to Violent Career Criminal

Mar 31, 2023

Appellant was tried and convicted of Felony Battery basted upon striking a person 65 years old or older. As a result of his conviction the State sought and was granted their request designate the Appellant a Violent Career Criminal. Appellant Appealed arguing that his trial counsel was ineffective on the face of the record and that the trial court erred by sentencing him as a violent career criminal (VCC). The court of appeals affirmed Appellant’s ineffective assistance of counsel claims without further elaboration but reverse Appellant’s VCC designation and remand for the trial court to resentence him accordingly because the trial court based its enhancement on the Appellant’s prior conviction for Battery on a person 65 or older. Court of Appeals held because this conviction is a conviction for simple battery that does not necessarily require physical force violence, therefore doesn’t meet the requirements be used as an enhancement.

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