Jolly v. State

Bristow, Acting Associate Justice:

We granted certiorari to review the dismissal of Lester Jolly’s (Jolly) application for postconviction relief (PCR). Jolly contends that the PCR judge erred in finding that he received effective assistance of counsel. We agree and reverse.

I. Facts

Jolly was convicted of first-degree criminal sexual conduct for having intercourse with his step-granddaughter who was less than eleven years old at the time. At trial, the victim testified that she lived with her grandmother, step-grandfather, and two uncles from the third to the fifth grade and that dur*19ing this…