Thompson v. State

STATON, Judge.

Theodore Thompson appeals his conviction for burglary, a Class A felony, raising the sole issue of whether the trial court erred in denying his Trial Rule 59(J)(7) motion for a new trial.

We affirm.

The parties do not state the appellate standard of review to be utilized on appeal from the denial of a Trial Rule 59(J)(7) motion for a new trial. While we find no criminal majority opinion in which the standard of review is stated, our supreme court has outlined the applicable standard of review in the civil setting:

On consideration of the granting of a new trial, the trial judge has…