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STATE v. BATTERTON

No. 5D99-3131.

784 So.2d 1259 (2001)

STATE of Florida, Appellant, v. Jesse Franklin BATTERTON, Appellee.

District Court of Appeal of Florida, Fifth District.

May 25, 2001.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellant.

James T. Reich, Ocala, for Appellee.

PER CURIAM.

The State timely appeals the trial court's order granting Jesse Batterton's motion for new trial. This Court has jurisdiction pursuant to Florida Rule of Appellate Procedure 9.140(c)(1)(C).

The standard of review of a trial court's decision on a motion for new trial is well settled:

A motion for a new trial is addressed to the sound judicial discretion of the trial court, and the presumption is that [it] exercised that discretion properly...

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