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Caban v. State, Case No. 5D08-279 (Fla. App. 3/20/2009) (Fla. App., 2009)

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LEXTER CABAN, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 5D08-279. District Court of Appeal of Florida, Fifth District. Opinion filed March 20, 2009. 3.850 Appeal from the Circuit Court for Osceola County, Jon B. Morgan, Judge. 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, and trying to rouse him...continue to full post

Full post as published by Florida Criminal Law Opinions on March 20, 2009 (boomark / email).