Marlar v. State

BEATTY, J.:

Anthony Marlar was convicted of first-degree burglary and first-degree criminal sexual conduct. His petition for post-conviction relief (PCR) was denied. This court granted certiorari to review the PCR court’s denial of relief. We vacate and remand.

FACTS

In the early morning hours of February 23, 1993, two men with stockings covering their faces broke into the victim’s home. . The victim’s three-year-old daughter was sleeping in the bed with her at the time. The victim heard the short, stocky male tell the tall, slim male, “Tony, get the girl out of here.” The tall, slim male…