King v. State

I concur with the majority opinion. The trial court applied the wrong standard in ruling on the defendant’s motion for new trial. Therefore, it is appropriate to reverse the trial court’s order denying the motion for new trial and remand for consideration of the motion pursuant to the correct standard. See Lee v. State, 117 So.3d 848, 849 (Fla. 5th DCA 2013); Fulword v. State, 29 So.3d 425, 426 (Fla. 5th DCA 2010); Moore v. State, 800 So.2d 747, 750 (Fla. 5th DCA 2001). There are, however, a number of decisions that reverse the judgment and sentence as an adjunct to the decision to remand the…