Kelly E. Loudermilk v. State

Kelly Elizabeth Loudermilk appeals her judgment and sentence for trafficking in oxycodone and conspiracy to traffic in oxy-codone. Loudermilk contends that the trial court erred in: 1) denying her motion for continuance to secure the testimony of two codefendants that she alleged would support an entrapment defense; and 2) applying the incorrect legal standard to her motion for new trial. We affirm as to the first issue without further discussion but reverse and remand as to the second.

The proper standard to address a defendant’s motion for new trial is the weight of the evidence. See Lee v.…