State v. McDeavitt

The state appeals from the trial court’s order granting Elizabeth McDeavitt’s motion to dismiss pursuant to Florida Rule of Criminal Procedure 3.190(c)(4) in which it found that section 827.03(l)(b), Florida Statutes (1997),1 was unconstitutional because it was overbroad and void for vagueness.

McDeavitt was charged in a six-count information with various acts of child abuse pursuant to section 827.03(l)(b). Five counts of the information dealt with child abuse upon a juvenile identified as P.L.G. and the remaining count dealt with child abuse upon a juvenile identified as J.M. McDeavitt was…