Adam Lloyd Shepard v. State of Florida

I dissent for two reasons. First, I dissent because the majority is receding from this Court's longstanding precedent in State v. Houck , 652 So.2d 359 (Fla. 1995), regarding the definition of "weapon" for purposes of the reclassification statute when that task should be left to the Legislature. Second, I dissent because in receding from Houck , the majority does not apply a clear and consistent definition of "weapon," which, for purposes of the reclassification statute, should include an "intent" element.

Construing the term "weapon" narrowly, and in favor of the accused, I would conclude…