STATE v. DIX

No. 98-363.

723 So.2d 351 (1998)

STATE of Florida, Appellant, v. Terry DIX, Appellee.

District Court of Appeal of Florida, Fifth District.

December 18, 1998.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and Thomas J. Lukashow, Assistant Public Defender, Daytona Beach, for Appellee.


ORFINGER, M., Senior Judge.

The state appeals from an order granting defendant a new trial, after a jury convicted him of aggravated battery. Because we find that a new trial was not warranted, we reverse.

Defendant was charged with aggravated battery by shooting the victim in the chest. Although the defendant did not testify at trial, defense counsel argued in opening and closing statements that the shooting was an accident that resulted when defendant attempted...

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