Pena v. State

Christopher Pena appeals his conviction of child abuse in violation of section 827.03(1), Florida Statutes (2007). Pena' contends that because he had no parental or custodial relationship with the child, he cannot be convicted of child abuse. We disagree and affirm.

T.D. and his brother were crossing a street on their bicycles when a ear in which Pena was a passenger honked its horn at them. Someone in the car cursed at the boys, and in response, T.D. “flipped off’ the occupants of the car while continuing to cross the street. The car came to an abrupt stop and Pena got out and approached the…