State v. Tosh

The opinion of the court was delivered by

ÁLLEGRUCCI, J.:

Johnny F. Tosh, II, was convicted of rape, aggravated sexual batteiy, and aggravated kidnapping. In an unpublished opinion, the Court of Appeals affirmed his convictions and remanded for resentencing. This court granted Tosh’s petition for review on the single issue of prosecutorial misconduct.

The facts are set forth in the Court of Appeals’ opinion, and they are not at issue as to this single-issue review. The following statement of facts is based on that of the Court of Appeals:

Tosh lived with his wife and their three daughters. His…