Opinion
No. 95-1533.
June 28, 1996.
Appeal from the Circuit Court for Brevard County, Charles M. Holcomb, Judge.
Robert A. Butterworth, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellant/Cross-Appellee.
Kenneth A. Studstill, of Kenneth A. Studstill, P.A., Titusville, for Appellee/Cross-Appellant.
The state has appealed the lower court's order granting Thomas H. Spioch, III ["Spioch"] a new trial on five counts of sexual activity or attempted sexual activity with a child while Spioch was in a position of custodial authority over the child. Spioch was convicted on a total of twenty-eight counts, the remaining twenty-three of which charged lewd and lascivious conduct. All twenty-eight counts involved the same young male victim. Spioch has cross-appealed the lower court's denial of Spioch's motion for new trial on the remaining twenty-three counts. We have considered all issues raised both on appeal and on cross-appeal and find no error.
AFFIRMED.
W. SHARP and THOMPSON, JJ., concur.