Legal Opinion

Hurd v. State

District Court of Appeal of Florida

Decided October 27, 2017No. Case No. 5D17-1802PublishedCited by 1 opinion

1Opinion of the CourtEisnaugle, J.

Appellant, Rodney Hurd, appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Appellant argues that the trial court illegally reclassified his convictions for attempted- voluntary manslaughter and resisting an officer with violence pursuant to section 775.087(1), Florida Statutes (2010), based on his use of an automobile as a weapon, citing to Gonzalez v. State, 197 So.3d 84 (Fla. 2d DCA 2016). We find no error and affirm.

In Gonzalez, our sister court held, as a matter of law,- that an automobile is not a weapon as…

2Cases cited9 opinions

  1. State v. BurrisSupreme Court of Florida · 2004
  2. Cherry v. StateSupreme Court of Florida · 2007
  3. School Board of Palm Beach County v. Survivors Charter Schools, Inc.Supreme Court of Florida · 2009
  4. State v. HouckSupreme Court of Florida · 1995
  5. Gary G. Debaun v. State of FloridaSupreme Court of Florida · 2017

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3Cited by1 opinion

  1. McNulty v. BowserDistrict Court of Appeal of Florida · 2018

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