¶1The state has appealed an order granting defendants a new trial after their convictions for possession and delivery of cocaine. The trial judge concluded that his own conduct deprived the defendants of a fair trial. After studying the record, we are perplexed by his conclusion that his order on the motion in limine had anything to do with the “red truck” evidence or that it was ambiguous, confusing or misleading in that regard. We further question how Richardson and Rivers could have reasonably expected the in limine ruling would keep the red truck evidence out of the trial. Nevertheless, the lower court’s discretion in this context is extremely broad. See Baker v. State, 336 So.2d 364, 371 (Fla. 1976). Accordingly, we affirm.
625 So. 2d 967
State v. Richardson
District Court of Appeal of Florida
Decided October 22, 1993
District Court of Appeal of Florida · decided 1993-10-22
Relies on 336 So. 2d 364 - Baker v. State
Decided 1993-10-22