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TORONTO v. STATE

No. 87-1157.

525 So.2d 932 (1988)

Larry James TORONTO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 31, 1988.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

AFFIRMED.

DOWNEY and GUNTHER, JJ., concur.

WALDEN, J., dissents with opinion.

WALDEN, Judge, dissenting.

Larry James Toronto upon trial by jury was convicted of aggravated child abuse/malicious punishment. He was sentenced to one year and one day in prison to be followed by probation, plus a fine of $10,000.00. I would reverse.

And so, I respectfully dissent because in my judgment, as a matter of law, the defendant...

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