the case law upon which i would rely begins, i think, in the stack that s been provided, with her m herman son. h-e-r-m-a-n-s-o-n versus state. 604 southern 2nd 775, which is a supreme court florida case from 1992. in that case, as set forth on page 2, of the court s decision, the third degree murder provision of section 782.04 florida statutes provides the killing of a human being while engaged in the commission of child abuse cuts murd constitue in the third degree and on that case the state combine instructions for child abuse and child neglect. otherwise, that was the reason, i believe that the conviction was reversed. but obviously, the reason the case is there is to show that,