PENA v. STATE

No. 5D08-3708.

17 So.3d 788 (2009)

Christopher PENA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 14, 2009.


Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Ailene S. Rogers, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.


ORFINGER, J.

Christopher Pena appeals his conviction of child abuse in violation of section 827.03(1), Florida Statutes (2007). Pena contends that because he had no parental or custodial relationship with the child, he cannot be convicted of child abuse. We disagree and affirm.

T.D. and his brother were crossing a street on their bicycles when a car in which Pena was a passenger honked its horn at them. Someone in the car cursed at the boys, and in response...

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