Wunsch v. State

WALLACE, Judge.

Heidi Wunsch challenges her judgment and sentence for child neglect with great bodily harm after a jury trial. She argues that the trial court committed fundamental error by instructing the jury that it could convict her of child neglect based on an uncharged theory of guilt. We agree. Accordingly, we reverse Ms. Wunsch’s judgment and sentence for child neglect with great bodily harm and remand for a new trial on that charge. 1

I. THE FACTUAL AND PROCEDURAL BACKGROUND

Section 827.03(3), Florida Statutes (2007), defines “neglect of a child” and sets forth the offenses arising out…