KAY L. BOYCE AND NORMAN ROBERT BOYCE, JR., APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE
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Kay L. Boyce and Norman Robert Boyce appealed convictions for child abuse and contributing to the dependency of a minor related to their daughter's encopresis. The court affirmed convictions on contributing to dependency and one count of child abuse, but reversed four child abuse counts because the State failed to prove that the parents' actions caused the child's condition or permanent psychological damage.
The court held that while the evidence proved the parents showed reckless disregard and deprived R.B. of necessary medical treatment, the evidence was insufficient to prove that the parents' actions caused the encopresis or permanent psychological damage, the third element required for child abuse convictions.
[1] A conviction for child abuse requires proof that the defendant's actions or omissions caused the child's injury or permanent disability.
[2] A motion for judgment of acquittal challenges the legal sufficiency of the evidence presented by the State.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the evidence was insufficient to show that Appellants' treatment of R.B. caused the encopresis or permanent psychological damage. No expert testimony linked Appellants' mistreatment of their daughter with her encopresis problem.”
Establishes that the critical deficiency in the State's case was the lack of causal connection between parental conduct and the child's condition
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Join FLexlaw to unlock all legal intelligenceThe Boyces' daughter R.B. developed encopresis (involuntary soiling of pants). The State alleged that the parents' physical and/or verbal abuse caused…
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PER CURIAM.
Kay L. Boyce and Norman Robert Boyce appeal their convictions for child abuse and contributing to the dependency of a minor. We affirm their convictions for contributing to the dependency of a minor and one count of child abuse, but we reverse their eonvictions for four counts of child abuse because the State failed to prove that any act or omission by either parent caused the child’s problem or caused permanent psychological damage.
Appellants were charged by a seven-count information with child abuse and contributing to the dependency of a minor. Their daughter, R.B., was the alleged victim. Counts I and II alleged that Appellants’ physical and/or verbal abuse caused R.B. to develop encopresis, a disease where a person involuntarily or deliberately soils his or her pants. Counts VI and VII alleged that Appellants’ failure to have R.B. evaluated by a physician or psychologist in order to ascertain the cause of the continuing encopresis caused R.B. to suffer permanent psychological damage.
During the trial a psychologist, who did not examine R.B., testified about the physical and psychological causes of encopresis, including stress and parent-child conflicts. He testified that untreated encopresis could cause permanent psychological damage to a child.
A pediatrician who examined R.B. testified that he did not find an organic cause for R.B.’s encopresis and admitted he could not find the actual cause of the disease.
After the State rested and at the close of all the evidence, defense counsel moved for a judgment of acquittal on all counts except one child abuse count not at issue here. The trial court denied the motions and Appellants were convicted on all counts.
A motion for judgment of acquittal challenges the legal sufficiency of the evidence. Where the state has presented competent evidence to support every element of a crime, a judgment of acquittal is properly denied. Peacock v. State, 498 So. 2d 545, 546 (Fla. 1st DCA 1986). In moving for a judgment of acquittal, a defendant admits all the facts and evidence adduced at trial, as well as every conclusion favorable to the State that a jury might fairly and reasonably infer therefrom. Id.
Mrs. Boyce is challenging her convictions for two counts of child' abuse (Counts I and VII) under section 827.04(1), Florida Statutes (1991). Likewise, Mr. Boyce is challenging his convictions for child abuse (Counts II and VI).
The elements of child abuse relevant to the instant case include (1) willful or culpable negligence; (2) depriving a child of necessary medical treatment or inflicting physical or mental injury to the child; and (3) causing great bodily harm or permanent disability. § 827.04(1), Fla.Stat. (1991).
Here, the evidence proved that Appellants showed reckless disregard for the life of their daughter, deprived R.B. of necessary medical treatment, and inflicted physical and mental injury to the child. However, the evidence was insufficient to show that Appellants’ treatment of R.B. caused the encopresis or permanent psychological damage. No expert testimony linked Appellants’ mistreatment of their daughter with her encopresis problem. Although a psychologist testified regarding the rare disease and its causes, that psychologist never examined R.B. and did not testify that her parents’ actions caused her to develop the disease. The pediatrician who examined R.B. admitted he could not find the actual cause of the disease. Because this evidence is not sufficient to prove the third element of child abuse, the trial court should have granted Appellants’ motion for judg ment of acquittal. Accordingly, we reverse the trial court’s judgment on counts I, II, VI, and VII and remand for resentencing consistent with this opinion.
AFFIRMED IN PART; REVERSED IN PART; REMANDED.
GUNTHER, FARMER and PARIENTE, JJ., concur.
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State v. Williams, 742 So. 2d 509 (Fla. 1st DCA 1999)…admits not only the facts stated in the evidence adduced, but also admits every conclusion favorable to the adverse party that a jury might fairly and reasonably infer from the evidence. Lynch v. State, 293 So. 2d 44, 45 (Fla.1974); Boyce v. State, 638 So. 2d 98 (Fla. 4th DCA 1994). The Supreme Court of Florida has set out the trial court’s duty as follows: It is the trial judge’s proper task to review the evidence to determine the presence or absence of competent evidence from which the jury could infer g…
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Dupree v. State, 705 So. 2d 90 (Fla. 4th DCA 1998)…(Fla. 5th DCA 1990). “In moving for a judgment of acquittal, a defendant admits all the facts and evidence adduced at trial, as well as every conclusion favorable to the State that a jury might fairly and reasonably infer therefrom.” Boyce v. State, 638 So. 2d 98, 99 (Fla. 4th DCA 1994); see also Lynch v. State, 293 So. 2d 44, 45 (Fla.1974). “The state is not required to ‘rebut conclusively every possible variation’ of events which could be inferred from the evidence, but only to introduce competent evidence…
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Sapp v. State, 913 So. 2d 1220 (Fla. 4th DCA 2005)…his motion for judgment of acquittal because the evidence was not sufficient to support his conviction of manslaughter by culpable negligence. A motion for judgment of acquittal challenges the legal sufficiency of the evidence. See Boyce v. State, 638 So. 2d 98 (Fla. 4th DCA 1994). Denial of a motion for judgment of acquittal is reviewed by the de novo standard. Jones v. State, 790 So. 2d 1194, 1196 (Fla. 1st DCA 2001). If there is competent substantial evidence to support the jury’s verdict, the trial cou…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Peacock v. State, 498 So. 2d 545 (Fla. 1st DCA 1986)