Florida District Courts of Appeal, 1997

Rigsby v. State

Rigsby v. State
Florida District Courts of Appeal · Decided February 21, 1997 · Altenbernd, Lazzara, Patterson
691 So. 2d 500; 1997 Fla. App. LEXIS 1399; 1997 WL 71745 (Southern Reporter, Second Series)

Rigsby v. State

Opinion of the Court

PATTERSON, Acting Chief Judge.

Vincent Rigsby appeals from convictions of aggravated child abuse, child abuse, negligent treatment of a child, and aggravated battery with a weapon. We determine that none of his issues have merit except that pertaining to the conviction for negligent treatment of a child. See § 827.05, Fla. Stat. (1991). That section has been declared unconstitutionally vague by our supreme court. State v. Mincey, 672 So.2d 524 (Fla. 1996). Therefore, we vacate that conviction and affirm in all other respects.

ALTENBERND and LAZZARA, JJ., concur.

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