MOORE v. STATE

No. 5D01-1232.

800 So.2d 747 (2001)

Norman MOORE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 14, 2001.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Allison Toller, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee.


SAWAYA, J.

Norman Moore appeals the order denying his motion for new trial which he sought after the jury found him guilty of sexual battery on a physically helpless person. He argues that the trial court used an incorrect standard by which to test his motion for new trial. We agree and reverse.

Moore and the victim were guests at a swimming party. The victim admitted that she consumed a few drinks and voluntarily took an illegal drug which apparently made...

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