Opinion
No. 93-298.
May 13, 1994.
Appeal from the Circuit Court for Orange County; John H. Adams, Sr., Judge.
James B. Gibson, Public Defender, and Lyle Hitchens, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Barbara Arlene Fink, Asst. Atty. Gen., Daytona Beach, for appellee.
We reverse because we conclude the trial court applied the incorrect standard when denying a new trial based upon newly discovered evidence. On remand, the court shall reconsider the motion and apply the standard set forth by the supreme court in Jones v. State, 591 So.2d 911 (Fla. 1991).
We find no merit in appellant's remaining point on appeal.
REVERSED and REMANDED.
HARRIS, C.J., and COBB and GOSHORN, JJ., concur.