RONALD M. FESTA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RONALD M. FESTA, APPELLANT,
STATE OF FLORIDA, APPELLEE
901 So. 2d 1026
Florida District Court of Appeal, Fourth District (2005)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We reverse appellant’s conviction for aggravated child abuse because the trial court erred in prohibiting appellant from obtaining the victim’s medical and mental health records, which contained evidence highly relevant to appellant’s defense. We remand for a new trial. However, appellant 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Festa v. State, 927 So. 2d 1049 (Fla. 4th DCA 2006)…vant to his defense. We remanded with instructions that — because the evidence was not sufficient to support the charge of aggravated child abuse — at any retrial defendant could be tried for no offense other than simple child abuse. Festa v. State, 901 So. 2d 1026 (Fla. 4th DCA 2005). On remand the State filed a new information based on the same incident, this time charging defendant with simple child abuse. § 827.03(l)(b), Fla. Stat. (2005) (third degree felony to do “[a]n intentional act that could reasona…
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Brumit v. State, 971 So. 2d 205 (Fla. 4th DCA 2007)…because of the discovery error, but it held that he could be retried for no more than child abuse because, as this court already had found in Defendant’s appeal, the evidence was insufficient for the charge of aggravated child abuse. Festa v. State, 901 So. 2d 1026 (Fla. 4th DCA 2005) (Festal). On remand, the state charged Festa with child abuse and he moved to dismiss, explaining that the permissive lesser offense of child abuse was not submitted to the jury at his trial, because neither he nor the state req…
Authorities Cited
- Brumit v. State, 843 So. 2d 978 (Fla. 4th DCA 2003)