
    STATE of Florida, Appellant/Cross-Appellee, v. Thomas H. SPIOCH, III, Appellee/Cross-Appellant.
    No. 95-1533.
    District Court of Appeal of Florida, Fifth District.
    June 28, 1996.
    Robert A. Butterworth, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for AppellanVCross-Appellee.
    Kenneth A. Studstill, of Kenneth A. Studs-till, P.A., Titusville, for Appellee/Cross-Ap-pellant.
   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 the same young male victim. Spioch has cross-appealed the lower court’s denial of Spioch’s motion for new trial on the remaining twenty-three counts. We have considered all issues raised both on appeal and on cross-appeal and find no error.

AFFIRMED.

W. SHARP and THOMPSON, JJ., concur.  