Shepard v. StateAnnotate this Case
The Supreme Court approved the decision of the First District Court of Appeal concluding that an automobile can be a weapon for purposes of Florida’s reclassification statute, Fla. Stat. 775.087(1), holding that an automobile is a weapon under section 775.087(1) if it is used to inflict harm on another and that it is a question of fact for the jury to determine whether an automobile or other object was used as a weapon by the defendant.
Defendant was convicted of manslaughter with a weapon, where the weapon supporting the charge was an automobile, and leaving the scene of a crash involving death. On appeal, Defendant argued that the trial court erred in allowing his manslaughter conviction to be reclassified from a second-degree felony to a first-degree felony for using a weapon pursuant to section 775.087(1). The First Circuit disagreed and upheld the conviction. The Supreme Court approved the First District’s conclusion that an automobile can be a weapon for purposes of the reclassification statute, holding that any object used or intended to be used to inflict harm on another constitutes a weapon within the meaning of the statute.