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UPREVERT v. STATE

No. 85-1940.

507 So.2d 162 (1987)

Henri UPREVERT, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 12, 1987.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Margarita Muina Febres, Asst. Atty. Gen., for appellee.

Before HUBBART, DANIEL S. PEARSON and JORGENSON, JJ.

PEARSON, DANIEL S., Judge.

The defendant appeals from an order denying his motion for new trial grounded on his claim that the jury's verdict was contrary to the weight of the evidence. He contends, and we agree, that the trial court mistakenly believed that if the evidence presented was sufficient to support the jury's verdict, it was not legally permitted to grant a new trial on the ground that the verdict was against the weight of the evidence.

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