Ristau v. State

SILBERMAN, Judge.

Anthony Ristau seeks review of his judgment and sentence for neglecting a child causing great bodily harm. Ristau was charged after he left his sick one-year-old son in the care. of a Mend with directions to call 9-1-1 if the child’s condition worsened instead of getting the child immediate medical treatment. Ristau argues that the trial court erred in denying his motion for judgment of acquittal because the State failed to present evidence that he neglected the child willfully or by culpable negligence. We agree and reverse.

The State presented evidence that Ris-tau, his…