BYRNE v. STATE

No. HH-212.

365 So.2d 812 (1979)

Raymond David BYRNE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

January 3, 1979.


Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender, and Louis G. Carres, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., for appellee.


PER CURIAM.

Raymond David Bryne appeals from a judgment and sentence for willfully withholding the means of support from minor children, pursuant to Section 856.04, Florida Statutes (1975). He contends that the evidence was insufficient to prove the essential elements of the offense. We agree and reverse.

For a conviction to be upheld under this statute, there must be a showing that the minor children were in need. Fekany v. State, 121 Fla. 51, 163...

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