Published: Apr 01, 2014 12:03 PM EDT

LEE COUNTY, Fla.- James Redmond, the man accused of having sex with two men without telling them that he had HIV, now has a trial date set for May 5th.

Redmond appeared in Lee County court this morning.

Previously, Redmond's lawyers had argued that sex between two men isn't actual sex under Florida law, and they wanted the case thrown out. The judge dismissed that motion.

Redmond is currently in custody for violating probation.