784 So. 2d 1259 | Fla. Dist. Ct. App. | 2001
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. And the general rule is that unless it clearly appears that the trial court abused its discretion, the action of the trial court will not be disturbed by the appellate court.
State v. Spaziano, 692 So.2d 174, 177 (Fla.1997)(quoting Henderson v. State, 135 Fla. 548, 561, 185 So. 625, 630 (1938))(Brown, J., concurring specially,
AFFIRMED.