O'NEAL v. State

Melton, Justice.

In State v. O’Neal, 292 Ga. App. 884 (665 SE2d 926) (2008), the Court of Appeals reversed the trial court’s first grant of a motion for new trial filed by Frederick O’Neal. We granted certiorari to deter mine whether the Court of Appeals erred by failing to apply OCGA § 5-5-50 as the proper standard of review when considering the trial court’s first grant of a motion for new trial in a criminal case. For the reasons set forth below, we find that, because the trial court granted the motion for new trial on a special ground instead of the general grounds, OCGA § 5-5-50 is not…