Yarbrough v. State

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 the Public Defender to represent appellant. Appellant’s trial occurred on May 25, 1999. The State presented nine witnesses, the majority of whom offered…