Tabor v. State

This court previously affirmed Michael Gisis convictions and sentences on numerous criminal charges arising from his sexual relationship with a thirteen-year-old girl. Gisi v. State, 818 So. 2d 510 (Fla. 2d DCA 2002) (table decision). Thereafter, Gisi filed a petition pursuant to Florida Rule of Appellate Procedure 9.141(c), alleging that he had received ineffective assistance of appellate counsel. We granted the petition in part and permitted Gisi a second direct appeal on the issues of double jeopardy, the denial of a motion for judgment of acquittal, and the scoring of victim injury points on his sentencing scoresheet. Gisi v. State, 848 So. 2d 1278 (Fla. 2d DCA 2003). As explained below, we now reverse Gisis convictions on count 3 and on counts 5 through 12, and we remand for resentencing on the remaining convictions.