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GRYPHON v. STATE

No. 5D02-149.

847 So.2d 589 (2003)

Leah GRYPHON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 20, 2003.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Marvin F. Clegg, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.

SAWAYA, J.

Leah Gryphon appeals his judgment and the subsequent sentence rendered for aggravated child abuse in violation of section 827.03(2), Florida Statutes (1997). Gryphon asserts that the trial court committed fundamental error in instructing the jury using the then existing standard jury instructions regarding the definition of malice instead of using the definition provided by the Florida Supreme Court in State...

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