Purdy v. State
Purdy v. State
Opinion of the Court
Elton A. Purdy appeals his sentencing under the habitual felony offender statute.
Purdy was convicted of two counts of battery on a law enforcement officer,
[T]he Legislature has made the offense of battery, which is otherwise a misdemeanor, a third-degree felony when the victim is a law enforcement officer. See § 784.07(2)(b), Fla. Stat. (Supp. 1998). In section 775.084, the Legislature has also authorized increased sentences for defendants who qualify as habitual felony offenders. Thus, the imposition on a qualifying defendant of one sentence under the habitual felony offender statute for the crime of battery on a law enforcement officer is proper, and not vio-lative of double jeopardy. Indeed, if a conviction pursuant to section 784.07 were not treated as a qualifying offense under section 775.084, this would, in effect, nullify the clear legislative expression in intent to treat battery on a law enforcement officer as a felony.
AFFIRMED.
. § 775.084, Florida Statutes (1999).
. § 784.07(2)(b), Fla. Stat. (1999).
. § 843.01, Fla. Stat (1999).
. § 843.02, Fla. Stat. (1999).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.