
    STATE of Florida, Appellant, v. Peter Paul GRUCCI, Appellee.
    No. 92-2853.
    District Court of Appeal of Florida, Fourth District.
    June 15, 1994.
    Robert A. Butterworth, Atty. Gen., Tallahassee, and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellant.
    J. David Bogenschutz & Dutko, P.A., Fort Lauderdale, for appellee.
   PER CURIAM.

The state appeals an order granting the defendant a new trial, but argues the evidence as if the trial court had granted a judgment of acquittal. We agree with the defendant that the trial court had authority to grant a new trial on the ground that the verdict was contrary to the weight of the evidence pursuant to Florida Rule of Criminal Procedure 3.600(a)(2). We therefore affirm the order on that basis.

WARNER, KLEIN and PARIENTE, JJ., concur.  