Adam Lloyd Shepard v. State of Florida
Adam Lloyd Shepard v. State of Florida
Opinion of the Court
This case is before the Court for review of the decision of the First District Court of Appeal in Shepard v. State ,
FACTS AND PROCEDURAL HISTORY
Adam Lloyd Shepard was convicted of (1) manslaughter with a weapon, where the weapon supporting the charge was an automobile, and (2) leaving the scene of a crash involving death. Shepard ,
On January 22, 2011, Appellant was drinking and watching a basketball game at a bar with the victim. Appellant and the victim got into a tussle at the bar, after which Appellant was escorted out of the bar by staff. The victim, who was still at the bar, began receiving phone calls from Appellant and ultimately the victim answered one phone call before leaving the bar.
A witness at trial, who had been at the bar that evening and had been invited by the victim to his apartment to meet his girlfriend, testified that she saw a white vehicle (later confirmed to be Appellant's) parked in the rear of a shopping center across the street from the entrance of the victim's apartment complex. The witness said that the white car flashed its lights. The victim pulled into the parking lot, exited his car, and rushed toward the white automobile while pulling off his jacket. The white automobile advanced towards the victim and struck him. Appellant left the parking lot and was apprehended two weeks later in Chicago. The victim sustained head injuries and ultimately succumbed to those injuries the following day.
*704A jury found Appellant guilty of one count of manslaughter with a weapon and one count of leaving the scene of a crash involving a death.... Appellant was sentenced to thirty years on the manslaughter count and fifteen years on the leaving the scene of a crash count.
On appeal, Shepard argued that the trial court improperly allowed his manslaughter conviction to be reclassified from a second-degree felony to a first-degree felony pursuant to section 775.087(1) for using a weapon, where the "weapon" was an automobile. The district court disagreed and held that "an automobile, when used in the manner [Shepard] used it, constitutes a weapon in the common and ordinary meaning of the word."
This review follows.
ANALYSIS
Standard of Review
The question before the Court is whether an automobile may be considered a "weapon" under section 775.087(1), Florida Statutes (2011), which reclassifies a felony to a higher degree when the defendant "carries, displays, uses, threatens to use, or attempts to use any weapon or firearm" during the commission of the felony. The standard of review is de novo. See Williams v. State ,
Defining "Weapon"
Florida's reclassification statute provides:
Unless otherwise provided by law, whenever a person is charged with a felony, except a felony in which the use of a weapon or firearm is an essential element, and during the commission of such felony the defendant carries, displays, uses, threatens to use, or attempts to use any weapon or firearm, or during the commission of such felony the defendant commits an aggravated battery, the felony for which the person is charged shall be reclassified as follows:
(a) In the case of a felony of the first degree, to a life felony.
(b) In the case of a felony of the second degree, to a felony of the first degree.
(c) In the case of a felony of the third degree, to a felony of the second degree.
§ 775.087(1), Fla. Stat. (emphasis added). The statute does not define "weapon." However, this Court defined the term in Houck , where the defendant was convicted of manslaughter with a weapon after repeatedly *705beating the victim's head against pavement.
In reaching its decision, the Court first determined that whether an object is a weapon is "a question for the court to determine as a matter of law," reasoning:
The failure of the statute to broadly define the term "weapon" cannot be cured by jury speculation. As Houck contends, the panel opinion [upholding the defendant's conviction] would open a veritable "Pandora's Box" and allow a creative prosecutor, in conjunction with the jury, to turn almost any intentional injury into one caused by a weapon. For example, would the ground be transformed into a weapon merely because it was the point of impact for a person pushed from a cliff or high building? Would the water become a weapon if the victim was pushed overboard from an ocean liner?
However, the narrow definition of "weapon" announced in Houck is contrary to the usual meaning of the word. It is well established that "where a statute does not specifically define words of common usage, such words are construed in their plain and ordinary sense." State v. Brake ,
*706These definitions are consistent with the way the Court has historically defined "weapon." As early as 1884, this Court recognized that any object can be a weapon if it is used as one. See Blige v. State ,
Further, this Court has repeatedly used the word "weapon" to describe ordinary objects that were used as weapons. See, e.g. , Guardado v. State ,
Accordingly, we recede from the holding in Houck that an object must be "commonly understood to be an instrument for combat" in order to constitute a weapon under section 775.087(1), and conclude that any object used or intended to be used to inflict harm on another constitutes a weapon within the meaning of the statute. We also recede from our statement in Houck that "it is for the court to determine whether what is used in the commission of a felony is a weapon within the meaning of the statute." Houck ,
In receding from the reasoning of Houck on these points, "we are mindful of the importance of the doctrine of stare decisis ." State v. Gray ,
Stare decisis provides stability to the law and to the society governed by that law. Yet stare decisis does not command blind allegiance to precedent. "Perpetrating an error in legal thinking under the guise of stare decisis serves no one well and only undermines the integrity and credibility of the court."
CONCLUSION
In conclusion, we hold that an automobile is a weapon under section 775.087(1) if it is used to inflict harm on another. Further, 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. Accordingly, we approve the conclusion of the First District that an automobile can be a weapon for purposes of the reclassification statute and disapprove of Gonzalez to the extent it holds otherwise.
It is so ordered.
CANADY, C.J., and LEWIS, QUINCE, POLSTON, and LAWSON, JJ., concur. PARIENTE, J., dissents with an opinion.
We also reject without comment Shepard's claim that his vehicle was unlawfully seized.
Other courts have similarly defined "weapon" to include objects used as weapons, including automobiles. See, e.g. , United States v. Barnes ,
Dissenting Opinion
I dissent for two reasons. First, I dissent because the majority is receding from this Court's longstanding precedent in State v. Houck ,
Construing the term "weapon" narrowly, and in favor of the accused, I would conclude that there should be an explicit finding that the defendant intended to use the object to inflict harm before a felony can be reclassified. Failure to construe the term in this manner will lead to reclassification to a higher degree of felony in any and every situation where any object is used to inflict harm on another.
While this may not be what the majority intended, the majority's opinion inconsistently defines what constitutes a "weapon" under the reclassification statute. First, the majority states that a "weapon" includes "any object used with the intent to cause harm." Majority op. at 705. In keeping with this definition, the majority concludes that a "weapon" as that term is used in the reclassification statute is "any object used or intended to be used to inflict harm on another." Majority op. at 706. The majority then concludes by stating that if the object "is used to inflict harm on another," the felony offense is subject to reclassification and that this finding should be made by the jury. Majority op. at 706-07. However, if there is no requirement of intent, then the jury is essentially not making any additional finding than what is required for involuntary manslaughter.
It is this all-encompassing definition of "weapon" that would subject a defendant who uses any object to inflict harm on a *708person during the commission of a felony to a higher penalty under the reclassification statute, without any factual finding that the defendant intended to use the object to inflict harm. In other words, every felony involving harm to another through the means of some object, no matter how innocuous, would be subject to reclassification regardless of the defendant's state of mind. I strongly disagree with this overly broad interpretation of the reclassification statute, which divorces the statute from the Legislature's intended purpose.
Even if I agreed with the majority that our opinion in Houck warrants reconsideration, I would utilize well-established principles of statutory construction, such as ejusdem generis , in pari materia , and the rule of lenity, in conjunction with dictionary definitions, to conclude that a finding of intent to inflict harm should be required before a felony can be reclassified. By receding from Houck and adopting an all-encompassing definition of the word "weapon," the majority today is subjecting virtually any person who uses an object-including an automobile-to harm another, whether intentionally or not, to automatic reclassification, upon conviction of a felony, and a more severe penalty than the one deemed appropriate by the Legislature under section 775.082, Florida Statutes (2018).
Indeed, in this case, without any finding by the jury that Shepard intended to use the automobile to inflict harm, Shepard's manslaughter conviction was reclassified from a second-degree felony, which carries a maximum sentence of fifteen years' imprisonment, to a first-degree felony, which carries a maximum sentence of thirty years' imprisonment. Shepard ultimately received the maximum sentence for the reclassified crime. Because Shepard's manslaughter conviction was reclassified without any finding that he intended to use the automobile to inflict harm, I would quash the decision of the First District Court of Appeal and require a retrial on the limited issue of intent.
FACTS
Shepard was charged with first-degree murder, but the jury convicted him of the lesser-included offense of manslaughter with a weapon. The verdict form did not specify between voluntary or involuntary manslaughter. As a result, we are unable to conclude whether the jury found that the victim's death was the result of a voluntary act or culpable negligence. See Pethtel v. State ,
The instructions given to the jury defined "weapon" as "any object that could be used to cause death or inflict serious bodily harm." Guided by this definition, which essentially directed the verdict in this case, the jury found that Shepard used a weapon, to wit, an automobile. Accordingly, Shepard's felony was reclassified to a first-degree felony. See majority op. at 703-04. Shepard was sentenced to the maximum sentence of thirty years' imprisonment, without any finding that he intended to use the automobile to kill the victim.
*709ANALYSIS
Florida's reclassification statute enhances the degree of a felony and, consequently, the length of the potential sentence when the defendant "carries, displays, uses, threatens to use, or attempts to use any weapon or firearm" during the commission of the felony. § 775.087(1), Fla. Stat. (2011). The purpose of the statute is to discourage a defendant from using "weapons" or "firearms" in the course of a felony-not to cover the entire universe of methods in which a felony can be committed.
As the majority observes, the reclassification statute does not define "weapon." See majority op. at 704-05. Thus, the issue before the Court today is one of statutory construction.
In 1995, when presented with the same exact issue we are presented with today-construing the term "weapon" as used in the reclassification statute-this Court engaged in the necessary statutory construction analysis. Houck ,
Significant to this Court's construction of the term "weapon" in Houck was the purpose of the reclassification statute. This Court quoted with approval the reasoning of the district court that "[t]he obvious legislative intent reflected by section 775.087 is to provide harsher punishment for, and hopefully deter, those persons who use instruments commonly recognized as having the purpose to inflict death and serious bodily injury upon other persons."
This Court even went so far as to invite the Legislature to amend the reclassification statute if it disagreed with this Court's construction of the statute, stating that "if the word 'weapon' is to be given a meaning other than the common dictionary definition set forth in" Houck , "it is within the province of the legislature to provide that definition."
Because the Legislature has never amended the statute as to the meaning of "weapon" after this Court's decision in *710Houck , I would continue to adhere to that decision. However, because the majority concludes that this Court's construction of the word in Houck was "contrary to the usual meaning of the word," majority op. at 705, I turn to conduct the necessary statutory construction analysis.
Statutory Construction
"A court's purpose in construing a statute is to give effect to legislative intent, which is the polestar that guides the court in statutory construction." Larimore v. State ,
The majority concludes that "the plain and ordinary meaning of the word 'weapon' includes not only those objects designed with the purpose of injuring or killing another, such as guns, clubs, or swords, but also any object used with the intent to cause harm." Majority op. at 705 (emphasis added). In reaching this conclusion, the majority asserts that this is "evident in dictionary definitions,"
Further, when this Court determined the definition of "weapon" in Houck , we relied on another commonly used definition as set forth in the American Heritage College Dictionary -"[a]n instrument of attack or defense in combat, as a gun or sword " or "[a] means used to defend against or defeat another." American Heritage College Dictionary (4th ed. 2000) (emphasis added); see
One such canon is ejusdem generis , "which states that when a general phrase follows a list of specifics, the general phrase will be interpreted to include only items of the same type as those listed." State v. Hearns ,
Another important canon of statutory construction instructs that "statutes which relate to the same or closely related subjects should be read in pari materia." State v. Fuchs ,
Finally, and significantly, because the majority acknowledges that the meaning of "weapon" can be as narrow as an object that is "designed with the purpose of injuring or killing another," or as broad as "any object used with the intent to cause harm," the rule of lenity should be applied. Majority op. at 705. The rule of lenity instructs that when statutory language "is susceptible of different constructions, it shall be construed most favorably to the accused." § 775.021(1), Fla. Stat. (2017) ; see also Paul ,
Consideration of these canons of statutory construction, alongside the stated purpose of the reclassification statute and the fact that the reclassification statute has not been amended since Houck , compels the conclusion that the Legislature intended a narrower definition of "weapon" than the one adopted by the majority today. Instead of considering the statutory definition of "weapon" and relevant canons of statutory construction to discern the Legislature's intent, the majority cites a number of cases from this Court to support its determination "that any object can be a weapon if it is used as one." Majority op. at 706. However, none of these cases offers the support the majority asserts they do. First, many of the cases cited by the majority predate this Court's decision in Houck . And, of those that do not predate Houck , none involves defining the term "weapon" for purposes of the reclassification statute. See Guardado v. State ,
In Buzia , Nelson , Sireci , and Lawrence , the issue was whether there was sufficient evidence to sustain the cold, calculated, and premeditated (CCP) aggravating factor in a death penalty case. In Guardado , the Court merely referred to the defendant's use of a knife and breaker bar when discussing the conviction of robbery with a weapon. Finally, although this Court in Dale stated that the standard jury instruction for "weapon," which was used in this case, was "a correct statement of law," that case involved whether a BB gun could be considered a deadly weapon.
Construing the term narrowly, and in favor of the accused, I would conclude that there should be an explicit finding that the defendant intended to use the object to inflict harm before a felony can be reclassified. Failure to construe the term in this *712manner will lead to reclassification in any and every situation where any object is used to inflict harm on another. If this is what the Legislature intended, one has to ask what purpose a separate reclassification statute serves. Stated another way, construing "weapon" as the majority does today renders the purpose of the reclassification statute meaningless. See State v. Bodden ,
CONCLUSION
For these reasons, I dissent from the majority's adopted definition of "weapon" for purposes of the reclassification statute, which would include virtually any object. Instead, I would reaffirm Houck , or, in the alternative, require an explicit finding of intent before a felony can be reclassified. I would therefore quash the decision of the First District in Shepard , and approve the decision of the Second District Court of Appeal in Gonzalez v. State ,
Although the First District affirmed the trial court's reclassification of the manslaughter conviction to a first-degree felony, it reversed Shepard's sentence and remanded for resentencing, concluding that the trial court improperly considered Shepard's lack of remorse when sentencing him. Shepard v. State ,
In Houck , this Court construed the 1991 version of the reclassification statute.
While this definition appears in a separate chapter of Florida Statutes from the reclassification statute, it is located in the same part: Part XLVI-"Crimes."
Reference
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- Adam Lloyd SHEPARD, Petitioner, v. STATE of Florida, Respondent.
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