STATE v. HARRIS

No. 94-1486.

660 So.2d 285 (1995)

STATE of Florida, Appellant/Cross-Appellee, v. Vivian HARRIS, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 21, 1995.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Kristen L. Davenport, Asst. Atty. Gen., Daytona Beach, for appellant/cross-appellee.

James B. Gibson, Public Defender, and Larry B. Henderson, Asst. Public Defender, Daytona Beach, for appellee/cross-appellant.


COBB, Judge.

The state appeals the action of the trial court in overturning the jury verdict of premeditated first degree murder and adjudicating the defendant below, Vivian Harris, guilty of second degree murder. The state contends the trial judge improperly reweighed the evidence. We agree.

There was testimony adduced at trial that, after some type of altercation between Harris and her son, Michael, in the family home, he left and went to a neighbor's home...

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