WESSON v. STATE

No. 1D03-3502.

899 So.2d 382 (2005)

Michelle A. WESSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied April 19, 2005.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Edgar Lee Elzie, Jr., Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General; Shasta W. Kruse, Assistant Attorney General, Tallahassee, for Appellee.


BENTON, J.

Michelle Alford Wesson was convicted of child neglect causing great bodily harm, in violation of section 827.03(3)(b), Florida Statutes (2001), a second-degree felony. On direct appeal, she contends that the trial court erred in denying her motion for judgment of acquittal at the close of the State's case-in-chief, a motion she renewed at the close of all the evidence. We agree and reverse.

I.

The State's theory was that Ms. Wesson's unhygienic...

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