Saturday, May 13, 2006

Florida Appeals Court Says Man Exonerated of Aggravated Child Abuse Cannot be Retried on Lesser Child Abuse Charge

A Florida man who was exonerated of aggravated child abuse cannot be retried on a lesser charge of child abuse, an appeals court ruled Wednesday. The accused was released from prison in November after the Appeals court ruled there was insufficient evidence to support his conviction for aggravated child abuse. He had already served more than 51/2 years of a 30-year prison term.  Following that ruling, the prosecutors filed a lesser charge of simple child abuse against the defendant.  On appeal, the Florida Fourth District Court of Appeal held that because the lesser charge had not been put to the jury in his trial, it would be double jeopardy for the defendant to face that charge. News Source.  Sun-sentinel.com. To read the complete news story, please click here (last visited May 13, 2006, reo).  A copy of the slip opinion in Festa v. State, No. 4D06-279, filed May 10, 2006, can be found by clicking here (last visited May 13, 2005, reo).

http://lawprofessors.typepad.com/family_law/2006/05/florida_appeals.html

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