
    Alphonso Conell EDDY, Appellant, v. STATE of Florida, Appellee.
    No. 86-1778.
    District Court of Appeal of Florida, Fifth District.
    July 2, 1987.
    Rehearing Denied Aug. 10, 1987.
    James B. Gibson, Public Defender, and Larry B. Henderson, Asst. Public Defender, Daytona Beach, for appellant.
    Robert A. Butterworth, Atty. Gen., Tallahassee, and Ellen D. Phillips, Asst. Atty. Gen., Daytona Beach, for appellee.
   DAUKSCH, Judge.

This is an appeal from a judgment in an aggravated child abuse case. Upon a review of the evidence it is our considered judgment that the trial court should have granted appellant’s motion for judgment of acquittal. There was no proof that a deadly weapon was used and there was insufficient evidence to establish that appellant maliciously punished his daughter. The conviction must be reversed.

REVERSED.

ORFINGER and COWART, JJ., concur.  