STATE v. PLOTKA

No. 93-867.

627 So.2d 1353 (1993)

STATE of Florida, Appellant, v. Evan PLOTKA, Appellee.

District Court of Appeal of Florida, Fifth District.

December 30, 1993.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Rebecca Roark Wall, Asst. Atty. Gen., Daytona Beach, for appellant.

Arthur J. England, Jr., and Elliot H. Scherker of Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A., Miami, for appellee.


W. SHARP, Judge.

The State appeals from the trial court's order on post-trial motions, which granted a new trial in a criminal case, but if the State failed to take an appeal, then promising to enter a judgment of acquittal. Plotka was convicted after a jury trial in November, 1990, of committing a lewd act upon a child (§ 800.04). We affirm in part.

We hold that the trial judge acted within his discretion in ordering a new trial in this case. He determined...

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