Andrako Bradley v. State, 155 So. 3d 1248

Bradley appeals a five-year prison sentence following a no contest plea for felony battery (784.03(2)).
Bradley previously adjudicated guilty and placed on three years’ probation, later revoked in 2011 with a five-year prison sentence.
Bradley’s scoresheet at sentencing totaled 12.8 points, under the 22-point threshold in 775.082(10).
Bradley argued the sentence violated 775.082(10) because the court did not make written findings that a nonstate prison sanction could pose a danger to the public.
Trial court did not rule on the Rule 3.800(b)(2) issue within the allowed time, prompting appellate review de novo.
Court reverses and remands for resentencing to a nonstate prison sanction because felony battery was not a forcible felony and no written danger findings were made.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is felony battery a forcible felony for 775.082(10)?	Bradley: battery based on prior battery conviction not forcible.	State: battery involves violence and thus could be forcible.	Felony battery is not a forcible felony; 22-point rule applies.
Must the court make written findings that a nonstate prison is dangerous before imposing state prison?	Bradley: no written findings; must be nonstate sentence.	State: court may impose state sentence if danger findings exist or not.	Remand required for written dangerousness findings or nonstate sentence consistent with 775.082(10).

State v. Hearns, 961 So. 2d 211 (Fla. 2007) (for forcible felony, use or threat of physical force must be an element)
Bryant v. State, 148 So. 3d 1251 (Fla. 2014) (upward-conduct departure rules and necessity of written reasons on remand)
Pope v. State, 561 So. 2d 554 (Fla. 1990) (remand for resentencing with no departure without written reasons)
Perkins v. State, 576 So. 2d 1310 (Fla. 1991) (statutory interpretation of forcible felony scope)
Flowers v. State, 899 So. 2d 1257 (Fla. 4th DCA 2005) (de novo review standard for sentencing legality issues)