Robinson v. State

This cause is before us on appeal from a judgment and sentences after a jury trial in which the trial judge denied appellant’s amended motion for a new trial and sentenced appellant to consecutive terms of 25 years each for robbery and burglary of a dwelling. The recommended guidelines sentence was five and one-half to seven years. We affirm the convictions but reverse the sentences and remand for resen-tencing.

The trial judge denied appellant a new trial based on newly discovered evidence. The record shows that the trial judge did not believe the alleged new evidence would “probably” have…