Cheng v. State

Full title: NELSON CHENG, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Mar 25, 1992

595 So. 2d 1098 (Fla. Dist. Ct. App. 1992)

Opinion

No. 91-0226.

March 25, 1992.

Appeal from the Circuit Court, Broward County, LeRoy H. Moe, J.

Richard L. Jorandby, Public Defender, and Cherry Grant, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Douglas J. Glaid, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Considering the issues before us in the light of the fact that none were preserved below, see Trushin v. State, 425 So.2d 1126 (Fla. 1982), we conclude that section 784.045(1)(b), Florida Statutes (1989), which provides that simple battery upon a pregnant woman is aggravated battery, is not facially invalid, see State v. Nelson, 577 So.2d 971 (Fla. 4th DCA 1991) (upholding section 784.08(2), which so provides as to persons over 65), and that fundamental error does not otherwise appear.

AFFIRMED.

LETTS, WARNER, JJ., and SCHWARTZ, ALAN R., Associate Judge, concur.