The Car Bed Made By Volkswagen Is For Van Winkle - 743 Words

The car bed made by â€Å"VW is for Van Winkle† does not constitute a conveyance because it is not self-propelled and is not listed as a motor vehicle under Fla. Stat.  §810.11 (2013). â€Å"’Conveyance’ means any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car; and â€Å"to enter a conveyance† includes taking apart any portion of the conveyance.† Fla. Stat.  §810.11 (2013). Vehicles that are propelled only by human power are excluded from the definition of a motor vehicle. A.M. v. State, 678 So.2d 914, 915 (Fla. 1st Dist. Ct. App. 1996) (citing Fla. Stat.  § 316.003(2) (21)). The appellant was seen riding a bicycle a few hours after the bicycle was reported stolen. A.M 678 So.2d at 915. The appellant stated that he was given permission from his friend to use the bicycle. Id. The trial court found the appellant guilty of trespassing in a conveyance. Id. The appellate court held that all of the s tatutory elements of the lesser offense failed. Id. The court also held that the evidence brought about in trial court did not fulfill each element; therefore, the court did not support the conviction for trespass in a conveyance. Id. A vehicle that runs and is self-propelled but is not used to transport people is not considered a conveyance. M.J.S. v. State, 453 So.2d 870, 871 (Fla. 2nd Dist. Ct. App. 1984). The appellant was seen sitting in the operator’s seat of a construction backhoe working and moving the controls. Id. at 870. The state said