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STATE v. SPIOCH

No. 95-1533.

675 So.2d 712 (1996)

STATE of Florida, Appellant/Cross-Appellee, v. Thomas H. SPIOCH, III, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

June 28, 1996.

Attorney(s) appearing for the Case

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.

GRIFFIN, Judge.

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...

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