KING v. STATE

No. 4D09-2337.

59 So.3d 272 (2011)

Franklin Kyle KING, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 13, 2011.


Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Tom Wm. Odom , Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Mitchell A. Egber , Assistant Attorney General, West Palm Beach, for appellee.


GERBER, J.

A jury convicted the defendant of transmission of material harmful to a minor in violation of section 847.0138, Florida Statutes (2007). The defendant argues that the trial court abused its discretion in not instructing the jury that "transmission" means both sending and receiving an image or information. We find that the trial court did not abuse its discretion. Therefore, we affirm.

The fifteen-year-old victim testified that she sent two...

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