FEREBEE v. STATE

No. 2D07-683.

967 So.2d 1071 (2007)

Shawn FEREBEE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 9, 2007.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Sharon Morgan Vollrath, Special Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Anne Sheer Weiner, Assistant Attorney General, Tampa, for Appellee.


CANADY, Judge.

Shawn Ferebee appeals his judgments and sentences for robbery with a firearm and attempted robbery with a firearm. Ferebee argues that the trial court erred in denying his Florida Rule of Criminal Procedure 3.600(a)(2) motion for new trial because the trial court incorrectly utilized the sufficiency of the evidence standard rather than the weight of the evidence standard. We agree.

Rule 3.600(a)(2) provides that a court "shall grant a new trial...

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