SC09-1169 – James Richard Cooper v. State Of Florida

State: Florida

Docket No: SC09-1169

Case Date: 08/26/2010

Preview:Supreme Court of Florida
____________ No. SC09-1169 ____________ JAMES RICHARD COOPER, Petitioner, vs. STATE OF FLORIDA, Respondent. [August 26, 2010] PER CURIAM. James Richard Cooper seeks review of the decision of the Second District Court of Appeal in Cooper v. State, 13 So. 3d 147 (Fla. 2d DCA 2009), on the grounds that it expressly and directly conflicts with the decision of this Court in State v. DiGuilio, 491 So. 2d 1129 (Fla. 1986).1 Cooper was convicted of four counts of sexual battery on a person in familial custody and two counts of lewd molestation for his sexual abuse of a single victim over a period of years. Cooper v. State, 13 So. 3d 147, 148 (Fla. 2d DCA 2009). On appeal, the Second District concluded that the trial court erred in

1. We have jurisdiction. See art. V,

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