Mack v. State

District Court of Appeal of Florida

Mack v. State

836 So. 2d 1062, 2003 Fla. App. LEXIS 864, 2003 WL 194520

CourtDistrict Court of Appeal of Florida

DecidedJanuary 30, 2003

DocketNo. 3D02-413

StatusPublished

Cited by1 cases

This text of 836 So. 2d 1062 (Mack v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Mack v. State, 836 So. 2d 1062, 2003 Fla. App. LEXIS 864, 2003 WL 194520 (Fla. Ct. App. 2003).

Pincite

Opinion

PER CURIAM.

The court, sua sponte, withdraws its opinion herein dated January 29, 2003, and substitutes the following opinion.

The appellant raised for our consideration two issues: (1) whether section 827.03(l)(b), Florida Statutes (2001) relating to child abuse is unconstitutional therefore appellant Craig Lanard Mack’s conviction for attempted child abuse must be vacated; and (2) assuming the constitutionality of section 827.03(l)(b), Florida Statutes, there was no evidence supporting Mack’s conviction for attempted child abuse.

As to the first issue, we note that section 827.03(l)(b) was determined to be constitutional by the Florida Supreme Court in DuFresne v. State, 826 So.2d 272 (Fla.2002). As to the second issue, our review of the record leads us to the conclusion that there is no evidence supporting Mack’s conviction for attempted child abuse and Mack’s motion for judgment of acquittal should have been granted.

Accordingly, Mack’s conviction for attempted child abuse is hereby reversed.

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