State v. Charles

Full title: THE STATE OF FLORIDA, APPELLANT, v. ANDRE GESNER CHARLES, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Oct 6, 1987

519 So. 2d 10 (Fla. Dist. Ct. App. 1987)

Opinion

No. 86-3072.

October 6, 1987.

An Appeal from the Circuit Court, for Dade County; Ellen G. Morphonios, Judge.

Robert A. Butterworth, Atty. Gen., and Steven T. Scott, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and N. Joseph Durant, Jr., Asst. Public Defender, for appellee.

Before BARKDULL, HENDRY and BASKIN, JJ.

PER CURIAM.

The defendant was convicted of aggravated assault and unlawful discharge of a firearm, pursuant to a guilty verdict of the jury. Upon timely motion, a new trial was granted on the ground of newly discovered evidence.

It is contended by the state in this appeal that the trial court abused its discretion in ordering a new trial. On the record, we find no merit in such contention. See Jackson v. State, 416 So.2d 10 (Fla. 3d DCA 1982); Jones v. State, 233 So.2d 432 (Fla. 3d DCA 1970). Therefore the order appealed is affirmed.

Affirmed.