HENRY v. STATE

No. 4D10-3111.

123 So.3d 1167 (2013)

Christopher HENRY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 13, 2013.


Attorney(s) appearing for the Case

Lisa Viscome and Michael Salnick of Law Offices of Salnick, Fuchs & Bertisch, P.A., West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Sue-Ellen Kenny , Assistant Attorney General, West Palm Beach, for appellee.


GROSS, J.

Christopher Henry was charged with one count of second-degree sexual battery for raping his cellmate at the Palm Beach County Jail.1 His first jury trial in this case ended with a hung jury. At his second trial, which is the subject of this appeal, Henry's primary defense was that he and the victim engaged in consensual sexual relations. We reverse the conviction because the trial...

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