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STATE v. ROMAN

No. 5D02-386.

830 So.2d 874 (2002)

STATE of Florida, Appellant, v. Gilberto ROMAN, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied November 22, 2002.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Angela D. McCravy, Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and Kevin R. Holtz, Assistant Public Defender, Daytona Beach, for Appellee.

PER CURIAM.

Roman was convicted of attempted first degree premeditated murder and aggravated battery. The trial court granted a new trial and the State appeals. We reverse.

We recognize that a trial judge may grant a new trial if the verdict is contrary to law or the weight of the evidence. There is no contention on appeal that this verdict was contrary to law so our inquiry should be whether the verdict is contrary to the weight of the evidence. The trial...

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