SIBOLD v. STATE

No. 5D03-3357.

889 So.2d 1000 (2004)

Joseph SIBOLD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 23, 2004.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and James R Wulchak, Assistant Public Defender, Daytona Beach, for Appellant.

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


THOMPSON, J.

Joseph Sibold appeals his conviction for child abuse, arguing that the trial court erred when it denied his motion for judgment of acquittal. We agree and reverse.

At trial, the mother, Sara E. Hughes, testified without objection to statements Sibold made after the child was injured. She testified that she left the child home with Sibold, who is the child's step-father, while she and her mother went shopping. When she returned, Sibold told Hughes...

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