CABAN v. STATE

No. 5D03-579.

892 So.2d 1204 (2005)

Lexter CABAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 11, 2005.


Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Timothy D. Wilson, Assistant Attorney General, Daytona Beach, for Appellee.


THOMPSON, J.

Lexter Caban appeals his convictions for felony murder and aggravated child abuse in connection with the death of his live-in girlfriend's two-year-old son. Caban argues that this is a circumstantial evidence case and that the court should have granted his motion for judgment of acquittal. We affirm.

Caban, who worked nights, usually babysat the child and the child's older sibling during the day while...

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