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COX v. STATE

No. 2D06-4860.

1 So.3d 1220 (2009)

Dean Michael COX, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 6, 2009.

Attorney(s) appearing for the Case

Laura Griffin, Ponte Vedra Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Katherine Coombs Cline, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Dean Cox challenges his aggravated child abuse conviction for which he was sentenced to thirty years' imprisonment.1 The charged events occurred on July 16, 2004, and involved Cox's eight-year-old son, B.C., and six-year-old son, C.C. Because Cox's conduct does not constitute the crime of aggravated child abuse, his conviction is fundamentally erroneous and must be reversed.

On the evening of July 16, 2004, during a...

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