Martin v. State

Michael Martin appeals his conviction and sentence for sexual battery, raising five issues for our consideration. We write only to address Martin’s argument that the trial court erred in striking his alibi witnesses, and reverse and remand for a new trial on this issue alone. We find no merit to Martin’s remaining arguments.

Martin was charged by information with sexual battery and burglary with a battery. At trial, Martin’s counsel notified the court for the first time, before and during voir dire, that he had two alibi witnesses to call, neither of whom was listed in his witness list…