Brumit v. State

Full title: JODY BRUMIT, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Apr 30, 2003

843 So. 2d 978 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 4D02-44.

Opinion filed April 30, 2003.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Royce Agner, Senior Judge; L.T. Case No. 00-12574 CF10A.

Carey Haughwout, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Marrett W. Hanna, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We agree with appellant that the evidence presented did not support her conviction of aggravated child abuse. We reverse the conviction and direct the trial court on remand to enter judgment for child abuse under section 827.03(1), Florida Statutes (1999). See § 924.34, Fla. Stat. (2002); Ellis v. State, 714 So.2d 1160, 1161 (Fla. 2d DCA 1998).

REVERSED AND REMANDED.

WARNER, GROSS and TAYLOR, JJ., concur.