ALVELO v. STATE

No. S10A1662.

704 S.E.2d 787 (2011)

ALVELO v. The STATE.

Supreme Court of Georgia.

January 10, 2011.


Attorney(s) appearing for the Case

Steven L. Sparger , Savannah, for appellant.

Cecelia Harris , Assistant District Attorney, Thurbert E. Baker , Attorney General, Spencer Lawton, Jr. , District Attorney, Paula K. Smith , Senior Assistant Attorney General, Mary K. Ware , Assistant Attorney General, for appellee.


HUNSTEIN, Chief Justice.

Stephen Alvelo was convicted of malice murder and other crimes arising out of the death of Walter Cooper. He appeals from the denial of his motion for new trial.1 Because we agree with Alvelo that the trial court applied an erroneous legal standard in his motion for new trial, we vacate the order denying that motion and remand the case to the trial court.

1. The record reveals that Alvelo filed a timely...

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