STATE v. CHARLES

No. 86-3072.

519 So.2d 10 (1987)

The STATE of Florida, Appellant, v. Andre Gesner CHARLES, Appellee.

District Court of Appeal of Florida, Third District.

October 6, 1987.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Steven T. Scott, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and N. Joseph Durant, Jr., Asst. Public Defender, for appellee.

Before BARKDULL, HENDRY and BASKIN, JJ.


PER CURIAM.

The defendant was convicted of aggravated assault and unlawful discharge of a firearm, pursuant to a guilty verdict of the jury. Upon timely motion, a new trial was granted on the ground of newly discovered evidence.

It is contended by the state in this appeal that the trial court abused its discretion in ordering a new trial. On the record, we find no merit in such contention. See Jackson v. State, 416 So.2d 10

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