State v. M.H.

DIAMANTIS, Judge.

The state appeals the order of the trial court granting defendant’s motion for a new trial.1 We conclude that defendant failed to sustain the burden of proving his right to a new trial and, therefore, reverse.

The state filed a petition of delinquency against defendant, M.H., charging him with the sale and delivery of cannabis. Defendant, a high school student, was charged with selling a bag of cannabis to another student during school hours. The matter proceeded to trial, non-jury. Based upon the evidence presented, the trial court found defendant guilty as charged.

After the…