Florida District Courts of Appeal, 1994

State v. Grucci

State v. Grucci
Florida District Courts of Appeal · Decided June 15, 1994 · Klein, Pariente, Warner
637 So. 2d 394; 1994 Fla. App. LEXIS 5881; 1994 WL 261454 (Southern Reporter, Second Series)

State v. Grucci

Opinion of the Court

PER CURIAM.

The state appeals an order granting the defendant a new trial, but argues the evidence as if the trial court had granted a judgment of acquittal. We agree with the defendant that the trial court had authority to grant a new trial on the ground that the verdict was contrary to the weight of the evidence pursuant to Florida Rule of Criminal Procedure 3.600(a)(2). We therefore affirm the order on that basis.

WARNER, KLEIN and PARIENTE, JJ., concur.

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