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STATE v. DuFRESNE

No. 4D99-1375.

782 So.2d 888 (2001)

STATE of Florida, Appellant, v. Francis DuFRESNE, Appellee.

District Court of Appeal of Florida, Fourth District.

January 24, 2001.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Georgina Jimenez Orosa, Assistant Attorney General, West Palm Beach, for appellant.

Michael Dubiner and Mark Wilensky of Dubiner & Wilensky, P.A., West Palm Beach, for appellee.

PER CURIAM.

We filed our original opinion in this case on September 13, 2000. In that opinion we held that because the term "mental injury" was undefined, a statute making it a felony to commit an intentional act which could reasonably be expected to result in mental injury to a child was unconstitutionally vague. The next day the Florida Supreme Court issued State v. Fuchs, 769 So.2d 1006 (Fla.2000). In Fuchs the...

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