JENKINS v. STATE

No. 4D02-5066.

872 So.2d 388 (2004)

Marvin JENKINS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 28, 2004.


Attorney(s) appearing for the Case

Charles G. White and Maria L. Sachs of Sachs, Augspurger, White & Associates, Boca Raton, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee and Monique E. L'Italien, Assistant Attorney General, West Palm Beach, for appellee.


HAZOURI, J.

Marvin Jenkins appeals his conviction of two counts of sexual battery. We reverse the conviction and remand for a new trial. The trial court erred by failing to grant Jenkins's request for a continuance in order to present the testimony of two witnesses. These witnesses would testify that the victim had told them that the sexual encounter with Jenkins had been voluntary and it was only after Jenkins refused to pay for the consensual sex that she decided...

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