FULWORD v. State

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 solely on the trial testimony of Shawn Swallow, the alleged victim. Swallow’s testimony was somewhat disjointed, and at times appeared…