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Gordon v. State

Although the evidence supported the defendant's convictions, it was unclear whether the trial court applied the proper standard when ruling on his motion for new trial.

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Quantavious Gordon appeals his armed robbery convictions, arguing that the evidence was insufficient. He also argues that when ruling on the motion for new trial, the trial court erred by failing to consider whether the verdict was decidedly and strongly against the weight of the evidence as provided under OCGA § 5-5-21. We find that the evidence was sufficient to support the convictions. But because it is not clear that the trial court exercised his discretion under OCGA § 5-5-21 when ruling on Gordon’s motion for new trial, we vacate the trial court’s denial of Gordon’s motion for new trial and remand for the trial court’s further consideration of the motion.

1. Sufficiency of the evidence.

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