Fergien v. State, 79 So. 3d 907

Fergien was convicted of sale and possession of methamphetamine following an undercover drug deal with a confidential informant.
Defense challenged the informant’s credibility due to pending drug charges and compensation for involvement; the State produced an audio recording that did not incriminate Fergien.
Motions for judgment of acquittal were denied; after trial, defense renewed attacks on the State’s evidence arguing the verdict was against the weight of the evidence.
The trial court treated the posttrial motion as essentially the same as the judgment of acquittal, citing sufficiency standards rather than weight.
On appeal, it was argued that the correct standard for a motion for new trial is weight of the evidence, not sufficiency.
The court reversed and remanded to reconsider the motion for new trial under the correct legal standard; it also addressed potential supplemental briefs on constitutionality of section 893.13, Florida Statutes (2008).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Proper standard for motion for new trial	Fergien: weight of the evidence governs new trial.	State: sufficiency governs, like judgments of acquittal.	Remand to apply weight standard.
Allowance of supplemental briefs on constitutionality	Fergien should be allowed to challenge § 893.13.	Consequential issue to be addressed later; not decided now.	Denied without prejudice to raise if new trial granted.

Geibel v. State, 817 So.2d 1042 (Fla. 2d DCA 2002) (distinguishes sufficiency from weight for posttrial motions)
Spear v. State, 860 So.2d 1080 (Fla. 1st DCA 2003) (remand when trial court misapplies standard)