State v. Simmons

Dillard, Judge.

Following a jury trial, Corey Simmons and Samuel Johnson (collectively “defendants”) were convicted on two counts of armed robbery. Shortly thereafter, both filed motions for new trial based on newly discovered evidence, which the trial court granted. The State now appeals, arguing that the trial court erred in granting defendants a new trial because the newly discovered evidence was not material and was cumulative of other evidence. For the reasons set forth infra, we affirm.

*689Viewed in the light most favorable to the jury’s verdict,1 the evidence shows that some time between…