AARON C. PORTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2005-03-02
No. 4D04-1667
FARMER, C.J., and TAYLOR, J., concur.
895 So. 2d 1240 Florida District Court of Appeal, Fourth District (2005) Positive Treatment
Cited by 2 cases
Opinion of the Court
SHAHOOD, J.

SHAHOOD, J.

The primary issue in this case is whether a successor judge can, as in this case, deny a motion for a new trial based upon the verdict being against the weight of the evidence or a determination of the credibility of witnesses. We hold that the successor judge, due to the unavailability of the original judge, should have granted appellant’s motion for a new trial based on Sanford v. State, 687 So. 2d 315 (Fla. 3d DCA), rev. denied, 697 So. 2d 512 (Fla.1997), and State v. May, 703 So. 2d 1097 (Fla. 2d DCA 1997).

Because we are reversing for a new trial, we decline to address the two additional issues raised by appellant.

REVERSED AND REMANDED FOR A NEW TRIAL.

FARMER, C.J., and TAYLOR, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Terry v. State, 903 So. 2d 299 (Fla. 3d DCA 2005)
    …PER CURIAM. Affirmed. See Lee v. State, 895 So. 2d 1240 (Fla. 3d DCA 2005).…
  • Montenegro v. State, 905 So. 2d 988 (Fla. 3d DCA 2005)
    …PER CURIAM. Gisi v. State, 848 So. 2d 1278, 1282 (Fla. 2d DCA 2003) (Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), is not retroactive); Lee v. State, 895 So. 2d 1240 (Fla. 3d DCA 2005) (Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), is not retroactive). Affirmed.…

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