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KELLEY v. STATE

No. 1D08-3377.

16 So.3d 196 (2009)

Jason Ian KELLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 6, 2009.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Steven L. Seliger, Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Thomas D. Winokur, Assistant Attorney General, Tallahassee, for Appellee.

BROWNING, J.

After a jury trial presided over by Judge Glenn Hess, Kelley was convicted of felony battery. Kelley filed a motion for new trial on several grounds, including that a new trial was required by Florida Rule of Criminal Procedure 3.600(a)(2) because the verdict was contrary to the weight of the evidence. Before the motion for new trial was heard, Judge Hess resigned from the bench to run for state attorney and the case was reassigned to Judge Don T. Sirmons...

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