Watson v. State

WALLACE, Judge.

Bobby Martin Watson challenges his judgment and sentence for abuse of an elderly person, a violation of section 825.102(1), Florida Statutes (2010). Because the State failed to establish that the victim of the alleged offense qualified as an “elderly person” within the meaning of the statute, we reverse.

I.THE FACTUAL BACKGROUND

James Eugene Murphy, the victim of the alleged offense, lived alone in a single-family residence in St. Petersburg.1 Before the incident in question, Mr. Murphy had met Mr. Watson through a mutual acquaintance. Mr. Watson had been inside Mr. Murphy’s…