Witt v. State

The appellant, Omar Witt, was convicted of aggravated child abuse for punching a sixteen year old boy, Mark Thornton, in the head with his fist, the blow and ensuing fall on a concrete parking stop resulting in Thornton’s death.

On appeal Witt contends that the trial court erred in rejecting his argument and requested jury instruction to the effect that an element of the offense for which he was convicted pursuant to section 827.03(2)(c), Florida Statutes (1997), is a defendant’s knowledge of the age of the victim at the time of the abuse. There was no evidence adduced at trial that Witt, who…