GUTHEREZ v. STATE

No. 4D00-3830.

809 So.2d 16 (2002)

Michael GUTHEREZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 19, 2002.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and James W. McIntire, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Christine D. Coughlin, Assistant Attorney General, West Palm Beach, for appellee.


STONE, J.

Michael Gutherez's conviction and sentence for capital sexual battery of a child under twelve is affirmed. The trial court's admission of collateral crime evidence was not an abuse of discretion.

The five-year-old victim, E.R., and her mother, Lori, lived in the home of her mother's friend, April, April's nine-yearold child, C.C., and April's boyfriend, Gutherez. Gutherez supervised the two children when the mothers were at work.

The evidence...

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