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Sims v. State

The evidence supported the defendant's convictions in connection with the death of his girlfriend's nearly 3-year-old son.

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Appellant James Revera Sims, II, was convicted of malice murder and related offenses in connection with the April 11, 2011 death of Cayden Allen, a nearly three-year-old child. He appeals, asserting, inter alia, that the trial court erred in admitting a video recording made by police in appellant’s apartment. For the reasons set forth below, we affirm.1

Viewed in the light most favorable to the jury’s verdict, the evidence adduced at trial established as follows. Cayden’s mother left for work on the afternoon of April 8, 2011. She left Cayden in the care of appellant, her boyfriend. At 6:10 p.m., appellant called 911 and requested an ambulance. A police officer arrived at appellant’s apartment ahead of emergency personnel. He found Cayden lying on his back on the living room couch and observed a lump on Cayden’s forehead. Appellant was standing nearby. Cayden was unconscious; he never moved. His breathing was shallow and agonal. Appellant told the officer that Cayden had been playing in his room with his toys when he went to check on him; Cayden had soiled himself and indicated he wanted to go to the bathroom; as appellant began to take Cayden to the bathroom, Cayden stood up, fell down, struck the back of his head, and lost consciousness; he brought Cayden to the bathroom where he tried to rouse him with water to no avail; and he then placed Cayden on the couch and called emergency personnel.

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