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STATE v. MAY

No. 96-04194.

703 So.2d 1097 (1997)

STATE of Florida, Appellant, v. Donna Irene MAY, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 9, 1997.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Patricia E. Davenport, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Cynthia J. Dodge, Assistant Public Defender, Bartow, for Appellant.

QUINCE, Judge.

The State challenges the trial judge's decision that he was unable to properly rule on Donna Irene May's motion for new trial. We reverse and remand with instructions that the trial court reconsider the new trial motion because a decision on the motion for DUI manslaughter offense does not require the successor judge to make any credibility determinations.

Donna Irene May was charged with manslaughter by culpable negligence, manslaughter by...

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