State v. Caldwell

OPINION

PEAY, Judge.

The defendant was charged in the indictment with the first-degree murder of a child under thirteen years of age as a result of *118aggravated child abuse. As a result of a plea agreement, the defendant entered a plea of nolo contendere to the indicted charge and received a sentence of life imprisonment.

In this appeal the defendant attempts to raise as the sole issue the constitutionality of the statute defining first-degree murder as the reckless killing of a child less than thirteen years of age as a result of aggravated child abuse.1 The elements of this offense are set out…