OTERO v. STATE

No. 3D99-106.

754 So.2d 765 (2000)

Rubin OTERO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 19, 2000.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Sydney P. Smith, Special Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General and Consuelo Maingot, Assistant Attorney General, for appellee.

Before GODERICH, GREEN, and RAMIREZ, JJ.


Rehearing En Banc Denied April 19, 2000.

PER CURIAM.

The appellant, Rubin Otero, was charged with and convicted of burglary with an assault, robbery, grand theft of a vehicle, false imprisonment and abuse, neglect, or exploitation of an aged or disabled person, following a jury trial.

According to the state's evidence at trial, the victim in this case, Kenny Lindheimer, is a deaf mute who also suffers from cerebral palsy. On or about July 5, 1996,...

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