Burns v. State

Appellant challenges his conviction for child neglect without causing great bodily harm in violation of section 827.03(2)(c), Florida Statutes (2011). He argues the State failed to present a prima facia case, and thus the trial court erred in denying his motion for judgment of acquittal. We agree and reverse.

Facts

The State charged appellant with one count of aggravated child abuse and one count of child neglect causing great bodily harm stemming from an incident involving a fifteen-month-old girl named A.B. § 827.03(2), (3)(b), Fla. Stat. (2011).

At trial, the State presented evidence that…