Somers v. United States
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The Supreme Court held that the first element of Florida's assault statute, Fla. Stat. 784.011(1), requires not just the general intent to volitionally take the action of threatening to do violence but also that the actor direct the threat at a target, namely, another individual.
Appellant was convicted in a federal district court of possession of a firearm by a convicted felon and sentenced to enhanced penalties under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e). Appellant later filed a collateral challenge to his enhanced sentence under 28 U.S.C. 2255, challenging the district court's determination that his 1998 Florida conviction for aggravated assault with a deadly weapon under Fla. Stat. 784.021(1) qualified as a "violent felony" under the ACCA. The district court denied the motion. On appeal, the Eleventh Circuit Court of Appeal certified questions of Florida law to the Supreme Court. The 17-Nov Court answered the question in the affirmative, holding that section 784.011(1) requires that the actor "direct his action at[] or target[ing] another individual."
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