JIMMY LEE JORDAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court relinquished jurisdiction to the trial court to reconsider the motion for a new trial based on the weight and sufficiency of the evidence.
The defendant was convicted of first-degree murder. The trial court denied motions for judgment of acquittal and a new trial, stating the weight of ev…
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WALDEN, Judge.
Jimmy Lee Jordan was tried by jury and found guilty of first degree premeditated murder and was sentenced to life imprisonment. He appeals.
At the close of the state’s case, defense counsel moved for entry of a judgment of acquittal. The trial court denied the motion stating that the weight of the state’s evidence was up to the jury to determine. This determination was based on Tibbs v. State, 397 So. 2d 1120 (Fla.1981).
At the end of the trial, defense counsel moved for a new trial stating that the jury verdict was contrary to the weight of the evidence. The trial court denied the motion for the same reason he denied the motion for judgment of acquittal.
It should be noted that the trial judge was not too impressed with the credibility of one of the state’s witnesses’ testimony. He stated that if it were not for her testimony, the rest of the state’s case would probably be too weak to send to the jury. However, he refused to pass upon her credibility and let the case go to the jury.
The appellant argues that the trial court’s refusal to reweigh the evidence “was erroneous”. Appellant claims that it was well within the province of the trial judge to pass upon the weight of the evidence after it had gone to the jury.
Based upon authority of Tibbs, supra, and Adams v. State, 417 So. 2d 826 (Fla. 1st DCA 1982), we relinquish jurisdiction to the trial court for a period of forty-five (45) days with respectful instructions to reconsider appellant’s motion for new trial on the basis of both the weight and sufficiency of the evidence. We ask that this court be immediately furnished with a certified copy of the trial court’s order upon reconsideration.
It is so ordered.
HERSEY and GLICKSTEIN, JJ., concur.
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Moore v. State, 800 So. 2d 747 (Fla. 5th DCA 2001)…9 So. 2d 882 (Fla. 3d DCA), rev. denied, 458 So. 2d 274 (Fla.1984); see also State v. May, 703 So. 2d 1097 (Fla. 2d DCA 1997); Sanford v. State, 687 So. 2d 315 (Fla. 3d DCA 1997); Thomas v. State, 574 So. 2d 160 (Fla. 4th DCA 1990); Jordan v. State, 470 So. 2d 801 (Fla. 4th DCA 1985). [*750] In Hamid, the court had occasion to apply the Tibbs “seventh juror” analysis. The defendant appealed from his conviction and sentence, raising the propriety of the trial court’s denial of his new trial motion. The appella…
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State v. Hart, 632 So. 2d 134 (Fla. 4th DCA 1994)…(Fla. 4th DCA 1990) (On appeal after the relinquishment of jurisdiction to the trial court, this court affirmed the trial court’s order denying defendant’s motion for new trial. Thomas v. State, 574 So. 2d 259 (Fla. 4th DCA 1991).); Jordan v. State, 470 So. 2d 801 (Fla. 4th DCA 1985); Uprevert, 507 So. 2d at 163. “Sufficiency of evidence” is a test of whether the evidence presented is legally adequate to justify the verdict. Tibbs, 397 So. 2d at 1123.2 On the other hand, “weight of the evidence” is a “determ…
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Henri Uprevert v. State, 507 So. 2d 162 (Fla. 3d DCA 1987)…denying defendant’s motion for new trial raising weight of evidence issue is worded in such a way as to indicate that trial court may have limited itself to sufficiency of evidence issue, reversal and remand are required). See also Jordan v. State, 470 So. 2d 801 (Fla. 4th DCA 1985). Reversed and remanded with directions. HUBBART, J., concurs. . The defendant filed a separate post-trial motion for judgment of acquittal challenging the sufficiency of the evidence. He does not challenge the denial of that m…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Delbert Lee Tibbs v. State, 397 So. 2d 1120 (Fla. 1981)
- Adams v. State, 417 So. 2d 826 (Fla. 1st DCA 1982)