JODY BRUMIT, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Festa v. State, 901 So. 2d 1026 (Fla. 4th DCA 2005)
  …ant can be retried for no more than child abuse under section 827.03(1), Florida Statutes (1999), because, as we ruled in the co-defendant’s appeal, the evidence was insufficient for the greater charge of aggravated child abuse. See Brumit v. State, 843 So. 2d 978 (Fla. 4th DCA 2003). Reversed and remanded for a new trial. WARNER, KLEIN and TAYLOR, JJ., concur.…
• Festa v. State, 927 So. 2d 1049 (Fla. 4th DCA 2006)
  …e same court and are based on the same act or transaction or on 2 or more connected acts or transactions.). . On the co-defendant's appeal, another panel held that the evidence was not sufficient to support the charge and reversed. Brumit v. State, 843 So. 2d 978 (Fla. 4th DCA 2003). Unlike the present case, however, that panel directed the trial court to enter judgment on the lesser included offense of child abuse, relying on a statute. See § 924.34, Fla. Stat. (2005) (“When the appellate court determines t…
• Brumit v. State, 971 So. 2d 205 (Fla. 4th DCA 2007)
  …judgment of acquittal because there was insufficient evidence as a matter of law to support her conviction for aggravated child abuse. It directed the trial court on remand to enter judgment for child abuse under section 827.03(1). Brumit v. State, 843 So. 2d 978 (Fla. 4th DCA 2003). On June 13, 2003, the trial court vacated the prior judgment and sentence, and resentenced Defendant to four years of probation for the offense of child abuse. No direct appeal was taken from the new conviction and sentence, and…

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Authorities Cited

• Ellis v. State, 714 So. 2d 1160 (Fla. 2d DCA 1998)