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PORTER v. STATE

No. 4D04-1667.

895 So.2d 1240 (2005)

Aaron C. PORTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 2, 2005.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and James W. McIntire, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Richard Valuntas, Assistant Attorney General, West Palm Beach, for appellee.

SHAHOOD, J.

The primary issue in this case is whether a successor judge can, as in this case, deny a motion for a new trial based upon the verdict being against the weight of the evidence or a determination of the credibility of witnesses. We hold that the successor judge, due to the unavailability of the original judge, should have granted appellant's motion for a new trial based on Sanford v. State, 687 So.2d 315 (Fla....

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