Opinion
No. 73-389.
June 19, 1974.
Appeal from Circuit Court, Sarasota County; Vincent T. Hall, Judge.
Robert L. Shevin, Atty. Gen., Tallahassee; John J. Blair, State's Atty., and Leonard R. Mellon, Deputy State's Atty., Sarasota, for appellant.
Ronald A. Cyril, of Nelson, Stinnett, Surfus, Payne, Hesse Cyril, Sarasota, for appellee.
Appellant, State of Florida, having failed to clearly demonstrate abuse of discretion or misapplication of the law by the trial court, the order granting the motion for new trial filed in behalf of appellee, Rossell Marshall, is therefore
Affirmed.
MANN, C.J., and HOBSON and BOARDMAN, JJ., concur.