BURNS v. STATE

No. 1D13-4134.

132 So.3d 1238 (2014)

Roy Joseph BURNS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 28, 2014.


Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender, and Glen P. Gifford , Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, Trisha Meggs Pate , Bureau Chief, Criminal Appeals Tallahassee, and Kristen Bonjour , Assistant Attorney General, Tallahassee, for Appellee.


WOLF, J.

Appellant challenges his conviction for child neglect without causing great bodily harm in violation of section 827.03(2)(c), Florida Statutes (2011). He argues the State failed to present a prima facia case, and thus the trial court erred in denying his motion for judgment of acquittal. We agree and reverse.

Facts

The State charged appellant with one count of aggravated child abuse and one count of child neglect causing great bodily...

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