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Cooper v. State, Case No. 2D08-1981 (Fla. App. 6/10/2009) (Fla. App., 2009)

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JAMES RICHARD COOPER, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 2D08-1981. District Court of Appeal of Florida, Second District. Opinion filed June 10, 2009.Appeal from the Circuit Court for Polk County, J. Dale Durrance, Judge. James Marion Moorman, Public Defender, and William L. Sharwell, Assistant Public Defender, Bartow, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Marilyn Muir Beccue, Assistant Attorney General, Tampa, for Appellee. FULMER, Judge. James Richard Cooper appeals from his convictions for two counts of lewd molestation and four counts of sexual battery by a person in familial authority. Of the three issues he raises on appeal, we reject Issues II and III without discussion. As to Issue I, although we agree with Cooper that the trial court erred in allowing the State to present evidence of multiple sexual acts that were not charged in the information, we conclude that the error was harmless...continue to full post

Full post as published by Florida Criminal Law Opinions on June 10, 2009 (boomark / email).