CABAN v. STATE

No. 5D08-279.

9 So.3d 50 (2009)

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

District Court of Appeal of Florida, Fifth District.

March 20, 2009.


Attorney(s) appearing for the Case

Ryan J. Sydejko, of Loren Rhoton, P.A., Tampa, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee.


GRIFFIN, J.

Defendant, Lexter Caban ["Caban"], appeals the summary denial of his rule 3.850 motion for post-conviction relief. We find that one issue has merit and requires reversal.

On July 19, 1999, Caban was babysitting the two children, ages five and two, of his girlfriend while she was at work. A passerby found Caban outside the apartment, crying, and in search of help while cradling Jonathan, the two-year-old...

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