Duval County

Mr. Shepard was charged with first-degree murder and leaving the scene of an accident involving death. The jury found him guilty of a lesser included offense, involuntary manslaughter with a weapon. The trial court increased the level of conviction from a second-degree felony to a first-degree felony upon the jury’s finding that Mr. Shephard used a “weapon,” his automobile, during the commission of the crime. Mr. Shephard appealed to the First District Court of Appeal arguing an automobile is not a weapon, and the second-degree manslaughter was improperly reclassified. The 1st DCA agreed with the trial court. This appeal followed arguing the ruling conflicts with decisions of another appellate court and this Court.