Cooper v. State

OPINION

FRIEDLANDER, Judge

Following a jury trial, Dennis Cooper was convicted of Child Molesting, 1 a class A felony. Two issues are presented in this appeal:

1. Did Cooper fail to timely file his prae-cipe?

2. Did the trial court err in admitting, pursuant to the medical diagnosis or treatment exception to the hearsay rule, a nurse’s testimony that the five- or six-year-old victim, S.A., told the nurse that Cooper had kissed her vaginal area?

We affirm.

The facts most favorable to the judgment are as follows. During 1997, Cooper and his wife Diane provided child care to five children, including…