Taylor v. State

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 the court should not have enhanced the offense and that the evidence did not support the court’s total assessment of eighty…