Gaither v. State

Michael W. Gaither appeals his convictions for three counts of capital sexual battery and two counts of lewd and lascivious acts and the sentences imposed on the noncapital felonies. We affirm the convictions but remand for resentencing on the two noncapital offenses.

This appeal is on the retrial of Gaither after this court reversed all convictions and remanded for a new trial. See Gaither v. State, 581 So.2d 922 (Fla. 2d DCA 1991). At the initial sentencing, the trial court imposed sentences of five and one-half years, which fell within the guidelines’ recommended range, on the two charges…