State v. Grucci

District Court of Appeal of Florida

State v. Grucci

637 So. 2d 394, 1994 Fla. App. LEXIS 5881, 1994 WL 261454

District Court of Appeal of Florida·Decided June 15, 1994·No. No. 92-2853·Published

Opinion

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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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.

State v. Grucci, 637 So. 2d 394, 1994 Fla. App. LEXIS 5881, 1994 WL 261454 (Fla. Ct. App. 1994).

Pincite

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