STATE v. NEWMAN

No. 2D11-3365.

104 So.3d 1180 (2011)

STATE of Florida, Appellant, v. Paul NEWMAN, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 15, 2013.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Sonya Roebuck Horbelt , Assistant Attorney General, Tampa, for Appellant.

Kevin Shirley , Punta Gorda, for Appellee.


LaROSE, Judge.

The State appeals the trial court's order granting Paul Newman a new trial due to juror misconduct. It argues that the trial court abused its discretion and that the juror's misconduct, reading aloud portions of the Constitution during deliberations, was harmless. We have jurisdiction. See Fla. R. App. P. 9.140(c)(1)(C), (c)(3). We reverse.

A trial court has broad discretion in deciding whether to grant a new trial. Chatmon v. State...

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