Cupas v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2011 ALAIN CUPAS, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D09-1277 [February 23, 2011] PER CURIAM. Alain Cupas was tried by jury and convicted of three counts of lewd and lascivious molestation of a child. Cupas seeks reversal of his convictions, challenging the admission of collateral crimes evidence (point I), the exclusion of evidence concerning the victim s suspension from school and the incremental punishment of the school s disciplinary system (point II), and the giving of a curative jury instruction (point III). We affirm as to points I and III without further comment. As for point II, we find n o abuse of discretion in the trial court s ruling that any probative value in evidence concerning the victim s prior suspension from school and th e incremental punishment of the school s disciplinary system was substantially outweighed by the danger of unfair prejudice and thus affirm as to this ground as well. Affirmed. WARNER, STEVENSON and GERBER, JJ., concur. * * * Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Susan Lebow, Judge; L.T. Case No. 07-4330 CF10A. Carey Haughwout, Public Defender, and Peggy Natale, Assistant Public Defender, West Palm Beach, for appellant. Pamela J o Bondi, Attorney General, Tallahassee, a n d Diane F. Medley, Assistant Attorney General, West Palm Beach, for appellee. Not final until disposition of timely filed motion for rehearing. 2

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