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.