DERON SPEAR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant, Deron Spear, raises two issues on appeal, only one of which requires reversal. Appellant contends that the trial court applied an incorrect standard in denying his motion for new trial, wherein he argued that the jury’s verdict was against the weight of the evidence. Because the trial court’s findings indicate that the court may have applied the sufficiency of the evidence standard instead of the weight of the evidence standard, we reverse appellant’s judgment and remand for the trial court to reconsider the motion. Upon remand, if the trial court concludes that the verdict is against the weight of the evidence, it should grant the motion for new trial. In the event the trial court concludes that the verdict is not against the weight of the evidence, it may again deny the motion and enter a new judgment and sentence accordingly. See Adams v. State, 417 So. 2d 826 (Fla. 1st DCA 1982); see also Geibel v. State, 817 So. 2d 1042 (Fla. 2d DCA 2002).
AFFIRMED in part; REVERSED in part and REMANDED.
BOOTH, BENTON and LEWIS, JJ., concur.
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Ferebee v. State, 967 So. 2d 1071 (Fla. 2d DCA 2007)…novo review. Geibel, 817 So. 2d at 1044-45. “Appellate courts have thus reversed judgments when the trial court applied a sufficiency of the evidence standard to a motion for new trial” under rule 3.600(a)(2). Id. at 1045; see, e.g., Spear v. State, 860 So. 2d 1080 (Fla. 1st DCA 2003); Moore v. State, 800 So. 2d 747 (Fla. 5th DCA 2001); Uprevert v. State, 507 So. 2d 162 (Fla. 3d DCA 1987). In denying Ferebee’s motion for new trial, the trial court stated that it could not “act as a seventh juror” and found th…
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Bell v. State, 248 So. 3d 208 (Fla. 1st DCA 2018)…r appeared to apply, the wrong [*210] legal standard. See Palmer v. State , 196 So. 3d 1289 (Fla. 1st DCA 2016) (reversing after trial court applied a sufficiency-of-the-evidence standard instead of weight-of-the-evidence standard); Spear v. State , 860 So. 2d 1080 (Fla. 1st DCA 2003) (reversing because "the trial court's findings indicate that the court may have applied" the incorrect standard). Here there is nothing to indicate the trial judges applied the wrong standard. Bell raised both sufficiency-of-the…1 / 2
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Jordan v. State, 244 So. 3d 1178 (Fla. 1st DCA 2018)
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Geibel v. State, 817 So. 2d 1042 (Fla. 2d DCA 2002)
- Adams v. State, 417 So. 2d 826 (Fla. 1st DCA 1982)