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STATE v. McDEAVITT

No. 4D99-3109.

776 So.2d 1086 (2001)

STATE of Florida, Appellant, v. Elizabeth M. McDEAVITT, Appellee.

District Court of Appeal of Florida, Fourth District.

February 7, 2001.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Frank J. Ingrassia, Assistant Attorney General, Fort Lauderdale, for appellant.

Philip J. Yacucci, Jr. of Law Office of Philip J. Yacucci, Jr., Fort Pierce, for appellee.

HAZOURI, J.

The state appeals from the trial court's order granting Elizabeth McDeavitt's motion to dismiss pursuant to Florida Rule of Criminal Procedure 3.190(c)(4) in which it found that section 827.03(1)(b), Florida Statutes (1997),1 was unconstitutional because it was overbroad and void for vagueness.

McDeavitt was charged in a six-count information with various acts of child abuse pursuant to section 827.03(1)(b). Five counts...

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