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State v. Grucci

District Court of Appeal of Florida, Fourth District
Jun 15, 1994
637 So. 2d 394 (Fla. Dist. Ct. App. 1994)

Opinion

No. 92-2853.

June 15, 1994.

Appeal from the Circuit Court for Broward County; Sheldon Schapiro, Judge.

Robert A. Butterworth, Atty. Gen., Tallahassee, and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellant.

J. David Bogenschutz Dutko, P.A., Fort Lauderdale, for appellee.


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.


Summaries of

State v. Grucci

District Court of Appeal of Florida, Fourth District
Jun 15, 1994
637 So. 2d 394 (Fla. Dist. Ct. App. 1994)
Case details for

State v. Grucci

Case Details

Full title:STATE OF FLORIDA, APPELLANT, v. PETER PAUL GRUCCI, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 15, 1994

Citations

637 So. 2d 394 (Fla. Dist. Ct. App. 1994)