Alvelo v. State

HUNSTEIN, Chief Justice.

Stephen Alvelo was convicted of malice murder and other crimes arising out of the death of Walter Cooper. He appeals from the denial of his motion for new trial. Because we agree with Alvelo that the trial court applied an erroneous legal standard in his motion for new trial, we vacate the judgments of conviction and sentence and remand the case to the trial court.

1. The record reveals that Alvelo filed a timely motion for new trial in which he specifically asserted that the verdict was “against the weight of the evidence.” See OCGA § 5-5-21 (the trial judge “may…