Conviction Overturned in Florida Sex Case - Update

(Palm Beach County, Florida) Former teacher and local mom Donna Lea Smith, 56, has had her convictions on sexual battery on a child and lewd or lascivious molestation overturned by the 4th District Court of Appeal.

From the ruling:

We reverse appellant’s convictions for one count of sexual battery on a child and one count of lewd or lascivious molestation.

First, the trial court erred in refusing to allow her to call an assistant state attorney to whom the victim recanted his accusations and subsequently retracted his recantation. This ruling deprived appellant of evidence of both motive and improper influence which factored significantly into her defense.

As to the lewd and lascivious molestation count, we reverse and remand because the charging document permitted multiple acts to be included and thus did not allow for a unanimous jury verdict.

In 2009, Donna Smith was sentenced to 6+ years in prison. She has been out on bond awaiting a ruling on her appeal.

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Florida Mom Guilty of Sex with Son, 12
[Previous 2/19/09 post]
(Palm Beach County, Florida) On Tuesday, local mom Donna Smith was convicted by a jury of engaging in sex with her 12-year-old son.

Almost immediately after adopting a 12-year-old boy, Donna Smith began having sex with the child. The criminal conduct came to light as a result of sessions with the child's counselor.

Smith was found guilty of first-degree sexual battery on a child and second-degree lewd and lascivious molestation of a child, respectively punishable by up to 30 years and 15 years in prison.

Sentencing is scheduled for April 17th.