Public-domain · open source
OpenJurist

646 So. 2d 297

State v. Soukup

District Court of Appeal of Florida

Decided December 16, 1994

District Court of Appeal of Florida · decided 1994-12-16

Relies on 491 So. 2d 1129 - State v. DiGuilio · 575 So. 2d 181 - Jackson v. State · 384 So. 2d 145 - Baptist Memorial Hospital, Inc. v. Bell

Decided 1994-12-16

THOMPSON, Judge.

¶1The state appeals the trial court’s order granting Louis Soukup’s motion for new trial. We affirm the entry of the order because the state has not borne its burden of proving beyond a reasonable doubt that there is no possibility that the cumulative effect of the errors below contributed to appellee’s conviction. Jackson v. State, 575 So.2d 181, 189 (Fla.1991) (citing State v. DiGuilio, 491 So.2d 1129 (Fla.1986)); Seaboard Air Line R.R. Co. v. Ford, 92 So.2d 160, 165 (Fla.1956). We hold the trial judge did not abuse his discretion by granting a new trial. State v. Hamilton, 574 So.2d 124, 126 (Fla.1991); Baptist Memorial Hosp., Inc. v. Bell, 384 So.2d 145 (Fla.1980); Castlewood Int’l Corp. v. LaFleur, 322 So.2d 520, 522 (Fla.1975).

¶2AFFIRMED.

HARRIS, C.J., concurs.DAUKSCH, J., concurring in conclusion only without opinion.
/646/so2d/297 · .json · Public domain