Wesson v. State

Michelle Alford Wesson was convicted of child neglect causing great bodily harm, in violation of section 827.03(3)(b), Florida Statutes (2001), a second-degree felony. On direct appeal, she contends that the trial court erred in denying her motion for judgment of acquittal at the close of the State’s case-in-chief, a motion she renewed at the close of all the evidence. We agree and reverse.

I

The State’s theory was that Ms. Wesson’s unhygienic housekeeping caused the death of her son, whose immune system she knew was genetically defective. In response to the defense’s motion for judgment of…