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STATE v. McDONALD

No. 2D00-1179.

785 So.2d 640 (2001)

STATE of Florida, Appellant, v. Jeffrey McDONALD, Appellee.

District Court of Appeal of Florida, Second District.

May 4, 2001.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Wendy Buffington, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Kevin Briggs, Assistant Public Defender, Bartow, for Appellee.

ALTENBERND, Acting Chief Judge.

The State of Florida appeals an order dismissing child abuse charges against Jeffrey McDonald. The trial court, bound by the First District's decision in Wilson v. State, 744 So.2d 1237 (Fla. 1st DCA 1999), held that Mr. McDonald's common law parental privilege to use corporal punishment on his child prohibited a charge of "simple" or third-degree felony child abuse. See § 827.03...

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