ARNOLD v. STATE

No. 2D98-4857.

755 So.2d 796 (2000)

David ARNOLD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 14, 2000.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Douglas S. Connor, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Jenny S. Sieg, Assistant Attorney General, Tampa, for Appellee.


CASANUEVA, Judge.

David Arnold appeals his conviction for child neglect, a third degree felony in violation of section 827.03(3)(c), Florida Statutes (1997). Because the State did not prove a prima facie violation of the statute, the trial court erred in failing to grant Mr. Arnold's motion for judgment of acquittal at the conclusion of the State's case-in-chief. Accordingly, the conviction must be vacated.

Section 827.03(3)(a)1 defines "neglect of a child...

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