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M.J.S. v. State - 453 So. 2d 870 (Fla. Dist. Ct. App. 1984)


"Conveyance" is defined in section Fla. Stat. ch. 810.011(3) (1983) as any motor vehicle, ship, vessel, railroad car, trailer, aircraft, or sleeping car. "Motor vehicle" is defined in section Fla. Stat. ch. 316.003(21) (1983), as any vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, but not including any bicycle or moped as defined in subsection (2). Fla. Stat. ch. 316.003(75) (1983) defines "vehicle" as every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.


Appellant juvenile was charged for committing trespass to a conveyance in violation of Fla. Stat. ch. 810.08 (1983). He filed a motion to dismiss pursuant to Fla. R. Crim. P. 3.190(c)(4) on the ground that the construction backhoe upon which he was seated was not a conveyance under the statute. The State filed a traverse that stated appellant was seen on the equipment in the operator's seat working and moving the controls, and that the equipment was a conveyance. The trial court denied the motion to dismiss and appellant pled nolo contendere and reserved his right to appeal the denial of his motion. 


Whether a construction backhoe was a motor vehicle within the statutory definition of conveyance.




The court reversed appellant's conviction and sentence because a construction backhoe was not a motor vehicle within the statutory definition. The court held that a backhoe was within the definition of special mobile equipment, Fla. Stat. ch. 316.003(49) (1983), and was not a conveyance.

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