¶1The 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.
637 So. 2d 394
State v. Grucci
District Court of Appeal of Florida
Decided June 15, 1994
District Court of Appeal of Florida · decided 1994-06-15
Decided 1994-06-15