BEASLEY v. STATE

No. 4D06-4165.

971 So.2d 228 (2008)

Steven BEASLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 2, 2008.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Paul E. Petillo, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Thomas A. Palmer, Assistant Attorney General, West Palm Beach, for appellee.


STONE, J.

Beasley appeals his convictions for six counts of child abuse. The primary issue is whether it was fundamental error to instruct the jury on a theory of child abuse that was not charged in the information. We affirm.

On the child abuse counts,1 the state charged that Beasley "did intentionally inflict physical or mental injury upon a child . . . in violation of Florida Statute...

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