Wheeler v. State

This case involves four things not uncommon in criminal court — teenage boys, alcohol, bad judgment, and a fight at a *1008house party — combined with a prosecutor’s decision to charge an 18-year-old with a first degree felony under Chapter 827, Florida Statutes (2014), which is usually applied to miscreant parents or caregivers. The evidence at trial failed to support the crime as charged, so we reverse and remand to the circuit court for the entry of a judgment of acquittal.

The state charged appellant with aggravated child abuse under two subsections of 827.03(l)(a), Florida Statutes (2014).…