BURKE v. STATE

No. 2D08-6329.

48 So.3d 943 (2010)

Tracy Allen BURKE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 1, 2010.


Attorney(s) appearing for the Case

James Marion Moorman , Public Defender, and Allyn M. Giambalvo , Assistant Public Defender, Bartow, for Appellant.

Bill McCollum , Attorney General, Tallahassee, and Richard M. Fishkin , Assistant Attorney General, Tampa, for Appellee.


NORTHCUTT, Judge.

One evening in May 2008, Tracy Burke became intoxicated and started a domestic altercation that resulted in charges that he committed misdemeanor battery of his wife and child abuse of his son. A jury convicted him of both crimes. Burke does not dispute his conviction for battery. But he contends that the evidence was insufficient to prove he committed the crime of child abuse. We agree.

In the State's case at trial, Burke's wife testified...

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