Florida Court Cases - Case Law and Opinions from the Courts of Florida - unoffical reports - Opinions

ROMINGER LEGAL

Florida Case Law & Florida Court Opinions - Florida Law

Need Legal Help?

LEGAL RESEARCH CENTER

LEGAL HEADLINES - CASE LAW - LEGAL FORMS

NOT FINDING WHAT YOU NEED? -CLICK HERE

This court case was taken from the Florida Court's web site. Search our site for more cases - CLICK HERE

IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
DERON SPEAR,
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant,
DISPOSITION THEREOF IF FILED
v.
CASE NO. 1D01-2896
STATE OF FLORIDA,
Appellee.
_____________________________/
Opinion filed December 11, 2003.
An appeal from an order of the Circuit Court for Leon County.
Janet E. Ferris, Judge.
Steven L. Seliger, Esq. of Garcia and Seliger, Quincy, for Appellant.
Charlie Crist, Attorney General; Philip W. Edwards, Assistant Attorney General,
Tallahassee, for Appellee.
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.
2

	ROMINGER LEGAL
		Florida Case Law & Florida Court Opinions - Florida Law
					Need Legal Help?
					Need Legal Help?
LEGAL RESEARCH CENTER
LEGAL RESEARCH CENTER			LEGAL HEADLINES - CASE LAW - LEGAL FORMS	NOT FINDING WHAT YOU NEED? -CLICK HERE