State v. Schuler

CRIST, Judge.

Defendant was found guilty of assault in the second degree and armed criminal action in a court-tried case. The trial court denied Defendant’s motion for new trial on the assault count, but sustained his motion for new trial on the armed criminal action count.

The State appeals the trial court’s grant of the motion for new trial on the armed criminal action count. Defendant appeals the conviction and sentence of five years’ imprisonment on the assault count. We affirm the conviction and sentence on the assault count, and reverse the order granting Defendant a new trial on the…