@arielilane
Yes. Defense cited
Wheeler v. State, 203 So. 3d 1007 (Fla. Dist. Ct. App. 2016) and said charges should be thrown out altogether because state failed to meet it's burden as in Wheeler. This is what the Wheeler court said:
The state charged appellant with aggravated child abuse under two subsections of 827.03(1)(a), Florida Statutes (2014). Subsection (1)(a)2 applies when a person "[w]illfully tortures, maliciously punishes, or willfully and knowingly cages a child." Subsection (1)(a)3 is violated when a person "[k]nowingly or willfully abuses a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child." The statute defines a "child" as "any person under the age of 18 years." § 827.01(2), Fla. Stat. (2014), (at 2009)
...
.. To establish great bodily harm, "[t]he state ‘must prove more than that the victim suffered some harm.’ " Smith v. State, 175 So.3d 906, 908 (Fla. 4th DCA 2015) (quoting T.W. v. State, 98 So.3d at 243); see also Nguyen v. State, 858 So.2d 1259, 1260 (Fla. 1st DCA 2003) (holding where "there was no testimony that the victim required medical treatment for her burns or that she had any lasting ill effects or scars ... there was insufficient testimony as a matter of law to support a charge of aggravated battery for causing great bodily harm."). (at 2010)
He tried to get all of them thrown out. Judge would not agree to throw out charge under § 827.03(1)(a)(2) - said jury should consider it. But, bc of the Appellate Court ruling in Wheeler on (1)(a)(3) requiring great bodily harm he had to toss that one.
Funny - but I got the sense that he was very reluctant to do this. He even hinted to the prosecutor "Hey, can you find a case where "maybe severe PTSD" could qualify under that category"? (my words, not his) They didn't have one so he had to throw it out. This is how I remember it.
Here's the statute (
§ 827.03):
827.03 Abuse, aggravated abuse, and neglect of a child; penalties.—
(1) DEFINITIONS.—As used in this section, the term:
(a) “Aggravated child abuse” occurs when a person:
1. Commits aggravated battery on a child;
2. Willfully tortures, maliciously punishes, or willfully and unlawfully cages a child; or
3. Knowingly or willfully abuses a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child.
Do you have a link to the charging document in this case or was it sealed? If it posted publicly. I'd be very interested to see it. TIA
ETA: Not Fla Supreme Court. 4th District Court of Appeal