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STATE v. ARNER

No. 88-1093.

538 So.2d 528 (1989)

STATE of Florida, Appellant, v. Robert ARNER, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 15, 1989.

Attorney(s) appearing for the Case

Michael J. Satz, State Atty., and Paul H. Zacks, Asst. State Atty., Fort Lauderdale, for appellant.

Paul Morris, of Paul Morris, P.A., and Stephen H. Rosen, of Stephen H. Rosen, P.A., Coral Gables, for appellee.

PER CURIAM.

AFFIRMED. We believe that the trial court acted within its discretion in granting a new trial to appellee because of the alleged incompetency of his counsel. On the record before us we cannot say that the trial court applied the wrong legal standard or that its findings of fact were without evidentiary support.

DOWNEY and ANSTEAD, JJ., concur.

GLICKSTEIN, J., dissents with opinion.

GLICKSTEIN, Judge, dissenting.

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