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STATE v. AYERS

Nos. 94-03263, 94-03325, 95-01587 and 95-00778.

665 So.2d 296 (1995)

STATE of Florida, Appellant, v. Thomas E. AYERS, Appellee. STATE of Florida, Appellant, v. Colleen TRAVERSA, Appellee. Kathleen Ruth HAMMOND, Appellant, v. State of Florida, Appellee. Alma E. MOULTON, Appellant, v. State of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 8, 1995.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Katherine V. Blanco, Assistant Attorney General, Tampa, for Appellant State in Ayers and Traversa cases.

Judith Ellis, St. Petersburg, for Appellant Hammond.

Robert E. Jagger, Public Defender, and Jean M. Higham and Wayne R. Coment, Assistant Public Defenders, Clearwater, for Appellant Moulton.

James Marion Moorman, Public Defender, Bartow, and Brad Permar, Assistant Public Defender, Clearwater, for Appellees Ayers and Traversa.

Robert A. Butterworth, Attorney General, Tallahassee, and Helene S. Parnes, Assistant Attorney General, Tampa, for Appellee State in Hammond and Moulton cases.

ALTENBERND, Judge.

The four cases we have consolidated for purposes of this opinion all involve the constitutionality of section 827.05, Florida Statutes (1993). That statute attempts to create a misdemeanor criminal offense proscribing negligent treatment of children. With the same misgivings recently expressed by the Fourth District in State v. Mincey, 658 So.2d 597 (Fla. 4th DCA 1995), appeal pending, No. 86,177...

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