Opinion
No. 89-1996.
May 15, 1990.
An Appeal from the Circuit Court of Dade County; Margarita Esquiroz, Judge.
Bennett H. Brummer, Public Defender, and Clayton R. Kaeiser, Special Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Julie S. Thornton, Asst. Atty. Gen., for appellee.
Before FERGUSON, LEVY and GERSTEN, JJ.
The State of Florida concedes that the sentence imposed in connection with the child abuse charge, as contained in count two of the Information, exceeds that which is permitted by law. Accordingly, that sentence must be vacated and this cause remanded to the trial court so that the defendant can be resentenced in connection with count two.
As far as all of the other issues raised by the appellant are concerned, we find them to be without merit and, accordingly, affirm the actions of the trial court with regard thereto.
Affirmed in part and reversed in part and remanded.
LEVY and GERSTEN, JJ., concur.
We specifically reject the appellant's argument that self-incriminating statements made by her to state social workers, regarding the cause of her infant's death, were privileged. It was not the intent of the legislature, in enacting section 415.511, Florida Statutes (1987) — which grants immunity to persons reporting acts of child abuse — to protect persons who commit acts of child abuse.
By a 1988 amendment to the statute, section 415.511(1)(b), the legislature clarified its intent.