Brumit v. State

Jody BRUMIT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided April 30, 2003.

District Court of Appeal of Florida · decided 2003-04-30

Relies on Ellis v. State

Decided 2003-04-30

¶1Carey Haughwout, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellant.

¶2Charles J. Crist, Jr., Attorney General, Tallahassee, and Marrett W. Hanna, Assistant Attorney General, West Palm Beach, for appellee.

¶3PER CURIAM.

¶4We agree with appellant that the evidence presented did not support her conviction of aggravated child abuse. We reverse the conviction and direct the trial court on remand to enter judgment for child abuse under section 827.03(1), Florida Statutes (1999). See § 924.34, Fla. Stat. (2002); Ellis v. State,714 So.2d 1160, 1161 (Fla. 2d DCA 1998).

¶5REVERSED AND REMANDED.

¶6WARNER, GROSS and TAYLOR, JJ., concur.