McARTHUR v. STATE

No. 94-2866.

671 So.2d 867 (1996)

Allen McARTHUR, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 17, 1996.


Attorney(s) appearing for the Case

Jeffrey H. Garland of Kirschner & Garland, P.A., Fort Pierce, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.


STEVENSON, Judge.

Appellant, Allen McArthur, was tried by jury and convicted of sexual battery, aggravated battery, and false imprisonment. We reverse the sexual battery conviction because of the state's mid-trial disclosure of physical evidence which materially undermined, and procedurally prejudiced, the appellant's trial strategy.

The events and testimony at trial may be briefly summarized. Appellant and the victim, Carrie McKee, had an on-and-off romantic...

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