State v. Soukup

District Court of Appeal of Florida

State v. Soukup

646 So. 2d 297, 1994 Fla. App. LEXIS 12289, 1994 WL 700099

District Court of Appeal of Florida·Decided December 16, 1994·No. No. 94-320·Published

Opinion

THOMPSON, Judge.

The state appeals the trial court’s order granting Louis Soukup’s motion for new trial. We affirm the entry of the order because the state has not borne its burden of proving beyond a reasonable doubt that there is no possibility that the cumulative effect of the errors below contributed to appellee’s conviction. Jackson v. State, 575 So.2d 181, 189 (Fla.1991) (citing State v. DiGuilio, 491 So.2d 1129 (Fla.1986)); Seaboard Air Line R.R. Co. v. Ford, 92 So.2d 160, 165 (Fla.1956). We hold the trial judge did not abuse his discretion by granting a new trial. State v. Hamilton, 574 So.2d 124, 126 (Fla.1991); Baptist Memorial Hosp., Inc. v. Bell, 384 So.2d 145 (Fla.1980); Castlewood Int’l Corp. v. LaFleur, 322 So.2d 520, 522 (Fla.1975).

AFFIRMED.

HARRIS, C.J., concurs. DAUKSCH, J., concurring in conclusion only without opinion.

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THOMPSON, Judge.

The state appeals the trial court’s order granting Louis Soukup’s motion for new trial. We affirm the entry of the order because the state has not borne its burden of proving beyond a reasonable doubt that there is no possibility that the cumulative effect of the errors below contributed to appellee’s conviction. Jackson v. State, 575 So.2d 181, 189 (Fla.1991) (citing State v. DiGuilio, 491 So.2d 1129 (Fla.1986)); Seaboard Air Line R.R. Co. v. Ford, 92 So.2d 160, 165 (Fla.1956). We hold the trial judge did not abuse his discretion by granting a new trial. State v. Hamilton, 574 So.2d 124, 126 (Fla.1991); Baptist Memorial Hosp., Inc. v. Bell, 384 So.2d 145 (Fla.1980); Castlewood Int’l Corp. v. LaFleur, 322 So.2d 520, 522 (Fla.1975).

AFFIRMED.

HARRIS, C.J., concurs. DAUKSCH, J., concurring in conclusion only without opinion.

State v. Soukup, 646 So. 2d 297, 1994 Fla. App. LEXIS 12289, 1994 WL 700099 (Fla. Ct. App. 1994).

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