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BLOW v. STATE

No. 2D07-400.

993 So.2d 540 (2007)

William BLOW, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 14, 2007.

Attorney(s) appearing for the Case

Russell T. Kirshy, Port Charlotte, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Tiffany Gatesh Fearing, Assistant Attorney General, Tampa, for Appellee.

WHATLEY, Judge.

William Blow appeals his judgment and sentence for child abuse. Blow was originally charged by information with aggravated child abuse pursuant to section 827.03(2), Florida Statutes (2005). The information alleged that Blow "did willfully and unlawfully cage a child...." Blow filed a motion to dismiss the charge, arguing that section 827.03(2) proscribes the caging of a child and that his act of chaining his sixteen-year-old stepson at Blow's

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