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The State v. Wilkerson

In granting a defendant's motion for a new trial, the trial court did not improperly conflate standards for legal sufficiency of evidence with standards for general grounds

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Brown, Judge. In State v. Wilkerson, 348 Ga. App. 190 (820 SE2d 60) (2018) (“Wilkerson I“), this Court vacated the trial court’s grant of a new trial to Jason Edwin Wilkerson on the general grounds, finding that the trial court abused its discretion by improperly conflating the standard for the general grounds and the distinct standard by which the legal sufficiency of the evidence is assessed. Id. at 197-198 (2). In Wilkerson v. State, 307 Ga. 574 (837 SE2d 300) (2019) (“Wilkerson II“), the Supreme Court reversed in part our decision and concluded that there was nothing in the record to support a determination that the trial court erroneously conflated the two standards, and “did not, therefore, properly exercise its discretion under the general grounds.” Id. at 575. We now vacate Division 2 of our earlier opinion and in place of that Division we adopt as our own the Supreme Court’s opinion in Wilkerson II. Accordingly, the judgment of the trial court, granting Wilkerson’s motion for new trial on the general grounds, is affirmed.[1] Judgment affirmed in part and reversed in part. Miller, P. J., and Pipkin, J., concur.

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