FULWORD v. STATE

No. 5D09-1092.

29 So.3d 425 (2010)

Clifford FULWORD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 5, 2010.


Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Edward J. Weiss, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.


LAWSON, J.

Clifford Fulword timely appeals the order denying his motion for new trial, filed after an Orange County jury found him guilty of robbery with a firearm and aggravated battery with a firearm. The State concedes that the trial court applied an incorrect legal standard when addressing Fulword's motion. We agree, and reverse with directions that the trial court reconsider the motion, applying the correct standard.

The State's case against Fulword rested...

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