Brockington v. State

Emma Brockington appeals her conviction for child abuse by culpable negligence. Section 827.04(1), Fla.Stat. (1991). Shé raises three issues, only one of which has merit. We conclude that the trial court erred in failing to declare a mistrial after the state improperly impeached a defense character witness.

Appellant and her husband were foster parents licensed by the Department of Health and Rehabilitative Services (HRS). In September, 1989, two young brothers, Anthony and David, were placed in the Brockingtons’ care. The charge of child abuse arose from an incident in which Anthony was…