CARRINGTON THOMAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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GARRETT, Judge.
Appellant seeks review of the trial court’s order denying his motion for new trial.
The order reads in part:
This was clearly a question of fact, especially going to the credibility of the state’s main eyewitness, so the jury evaluated that and I am not going to reevaluate the jury’s determination of that so the motion is denied, and it is denied on any other grounds that were raised at the time of trial as well.
The record is unclear as to whether the trial judge considered the weight of the evidence when he ruled on the motion.
Rule 3.600(a)(2), Florida Rules of Criminal Procedure, requires that a trial court grant a new trial if “verdict is contrary to law or the weight of the evidence.”
Accordingly, we relinquish jurisdiction to the trial court for a period of forty five (45) days with instructions to reconsider the motion for new trial on the basis of both the weight and sufficiency of the evidence. Uprevert v. State, 507 So. 2d 162 (Fla. 3d DCA 1987); Jordan v. State, 470 So. 2d 801 (Fla. 4th DCA 1985). We ask that this court be immediately furnished with a certified copy of the trial court’s order after its reconsideration.
WARNER, J., concurs.
ANSTEAD, J., dissents without opinion.
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Moore v. State, 800 So. 2d 747 (Fla. 5th DCA 2001)…So. 2d 162 (Fla. 3d DCA 1987); Gonzalez v. State, 449 So. 2d 882 (Fla. 3d DCA), rev. denied, 458 So. 2d 274 (Fla.1984); see also State v. May, 703 So. 2d 1097 (Fla. 2d DCA 1997); Sanford v. State, 687 So. 2d 315 (Fla. 3d DCA 1997); Thomas v. State, 574 So. 2d 160 (Fla. 4th DCA 1990); Jordan v. State, 470 So. 2d 801 (Fla. 4th DCA 1985). [*750] In Hamid, the court had occasion to apply the Tibbs “seventh juror” analysis. The defendant appealed from his conviction and sentence, raising the propriety of the tria…
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State v. Hart, 632 So. 2d 134 (Fla. 4th DCA 1994)…bility of the evidence,” then the trial court’s duty to grant a new trial is even stronger. Cloud, 110 So. 2d at 673. In reviewing a motion for a new trial, the trial court must consider both the weight and sufficiency of evidence. Thomas v. State, 574 So. 2d 160 (Fla. 4th DCA 1990) (On appeal after the relinquishment of jurisdiction to the trial court, this court affirmed the trial court’s order denying defendant’s motion for new trial. Thomas v. State, 574 So. 2d 259 (Fla. 4th DCA 1991).); Jordan v. State,…
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Santiago v. State, 874 So. 2d 617 (Fla. 5th DCA 2004)…idence for appellate review. Other decisions rely on Florida Rule of Criminal Procedure 3.600(a)(2), which provides that a new trial may be granted if “[t]he verdict is contrary to law or the weight of the evidence.” For example, in Thomas v. State, 574 So. 2d 160 (Fla. 4th DCA 1990), the court indicated that the provision in the rule that a new trial may be granted if the “verdict is contrary to law” means that the insufficiency of the evidence is a proper basis for that relief. This court and others have r…1 / 3
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Henri Uprevert v. State, 507 So. 2d 162 (Fla. 3d DCA 1987)
- Jordan v. State, 470 So. 2d 801 (Fla. 4th DCA 1985)