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ACTON v. STATE

No. 94-1372.

658 So.2d 1239 (1995)

Frederick ACTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 18, 1995.

Attorney(s) appearing for the Case

William W. Carpenter, Orlando, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Kellie A. Nielan, Asst. Atty. Gen., Daytona Beach, for appellee.

W. SHARP, Judge.

Acton appeals after a jury trial, following which he was adjudicated guilty of possession of a controlled substance.1 He argues his defense counsel failed to file a motion for new trial, and thus lost the opportunity to have his conviction overturned because the trial judge thought it was contrary to the weight of the evidence. See Tibbs v. State, 397 So.2d 1120 (Fla. 1981), ...

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