State v. Burris

Summary

The Supreme Court of Florida held that an automobile cannot be considered a deadly weapon that an offender "carried" under section 812.13(2)(a), Florida Statutes, for purposes of enhancing a robbery conviction. Applying the statute's plain and ordinary meaning and the rule of lenity, the court approved the Fifth District's decision in Burris and disapproved conflicting First District decisions to the extent of the conflict.

Holdings

1. An automobile may not be "carried" as a deadly weapon under section 812.13(2)(a) when the offender drives or uses the automobile during a robbery.
2. Because the criminal provision is at least susceptible to differing constructions and its plain language does not encompass an automobile as an object carried by the offender, the statute must be construed in favor of the accused.
3. Excluding automobiles from the section 812.13(2)(a) enhancement does not create an unreasonable result because the State may pursue other statutory charges for conduct involving an automobile.

Questions Presented

1. Whether an automobile may be deemed a deadly weapon that an offender carried during a robbery under section 812.13(2)(a), Florida Statutes (2001), thereby supporting an enhanced conviction.
2. Whether the plain and ordinary meaning of the statutory term "carried," together with Florida's rule of lenity, excludes an automobile used during a robbery from the robbery-with-a-deadly-weapon enhancement.

Disposition

approved