TARNER v. STATE

Case No. 5D05-2665.

938 So.2d 635 (2006)

SCOTT TARNER, Appellant, v. STATE OF FLORIDA, Appellee.

District Court of Appeal of Florida, Fifth District.

Opinion filed October 6, 2006.


Attorney(s) appearing for the Case

William J. Sheaffer, of William J. Sheaffer, P.A., Orlando, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.


EVANDER, J.

Appellant was convicted of sexual battery upon a person physically helpless to resist in contravention of section 794.011(4)(a), Florida Statutes (2003). He raises several points on appeal — of which we find only one has merit. Appellant contends the trial court improperly prevented him from introducing testimony of two witnesses which would have impeached the testimony of the alleged victim. We agree and reverse.

The state's primary witness...

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