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TAYLOR v. STATE

No. 92-1180.

619 So.2d 1017 (1993)

Melvin Nmn TAYLOR, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 24, 1993.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Noel A. Pelella, Asst. Public Defender, Daytona Beach, for appellant.

Robert W. Butterworth, Atty. Gen., Tallahassee, and Anthony J. Golden, Asst. Atty. Gen., Daytona Beach, for appellee.

PETERSON, Judge.

Melvin Taylor was found guilty of false imprisonment, sexual battery, and aiding and abetting sexual battery. The trial court scored the offense of aiding and abetting sexual battery as a first-degree felony rather than as a second-degree felony pursuant to section 794.023, Florida Statutes (1991). That section is the "gang rape" statute that allows a sexual battery to be punished as a next higher degree of the felony committed. Taylor contends that...

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