State v. Fudge

RYDER, Acting Chief Judge.

The State of Florida questions the trial court’s order setting aside the jury verdicts and granting a new trial. The final order of acquittal on Count I, RICO, is not appealable by the state; however, the state may appeal the grant of a new trial as to the unacquitted counts. Because the trial court properly granted the motion for severance and thus granted a new trial as to all charges, we affirm.

The forty-seven count indictment arose out of a rash of automobile hijackings and home invasions that occurred over an eight-month period during 1990 and 1991. Mr. Fudge…