ALPHONSO CONELL EDDY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ALPHONSO CONELL EDDY, APPELLANT,
STATE OF FLORIDA, APPELLEE
510 So. 2d 969
Florida District Court of Appeal, Fifth District (1987)
Positive Treatment
Cited by 2 cases
Opinion of the Court
DAUKSCH, Judge.
This is an appeal from a judgment in an aggravated child abuse case. Upon a review of the evidence it is our considered judgment that the trial court should have granted appellant’s motion for judgment of acquittal. There was no proof that a deadly weapon was used and there was insufficient evidence to establish that appellant maliciously punished his daughter. The conviction must be reversed.
REVERSED.
ORFINGER and COWART, JJ., concur.
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Citator
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Moakley v. State, 547 So. 2d 1246 (Fla. 5th DCA 1989)…and must tread most lightly in borderline cases. This can be called such a borderline case and it is our considered judgment that the state has failed to establish that appellant crossed the line. The conviction must be reversed. See Eddy v. State, 510 So. 2d 969 (Fla. 5th DCA 1987). REVERSED. COBB and COWART, JJ., concur. . 827.03 Aggravated child abuse.— (1) ‘Aggravated child abuse' is defined as one or more acts committed by a person who: ** (c) Maliciously punishes a child; or ...…