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YARBROUGH v. STATE

No. 1D03-2345.

871 So.2d 1026 (2004)

Gerald YARBROUGH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 4, 2004.

Attorney(s) appearing for the Case

Appellant Gerald Yarbrough, pro se, Crestview.

Charles J. Crist, Jr., Attorney General, and Sherri T. Rollison, Assistant Attorney General, Tallahassee, for Appellee.

KAHN, J.

Appellant, Gerald Yarbrough, challenges the trial court's denial of his Rule 3.850 motion for post-conviction relief. Because we find that trial counsel's failure to properly investigate a witness and secure her testimony at trial undermines confidence in appellant's conviction for sexual battery, we reverse.

I. Background

On June 6, 1998, appellant was arrested for sexual battery. Soon thereafter, the trial court appointed the Office of...

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