Lamb v. State, 124 So. 3d 953

Lamb was convicted of armed false imprisonment, burglary of a conveyance, grand theft auto, and fleeing at high speed.
Lamb filed a postconviction claim under Fla. R. Crim. P. 3.850 asserting ineffective assistance for failing to file a motion for new trial.
The postconviction court held an evidentiary hearing on the claim.
Trial testimony showed Jackson’s identification of Lamb was equivocal; the trial judge doubted the strength of the identification.
Counsel testified he filed a renewed motion for judgment of acquittal, not a motion for new trial, due to trial strategy and misunderstanding.
The court concluded counsel’s failure to file a motion for new trial was deficient and prejudicial, leading to reversal and remand for a new trial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Ineffective assistance for failing to file a new trial	Lamb argues failure to file new trial for weight of evidence prejudiced him.	State contends renewed JOA sufficed; new trial unnecessary.	Yes; deficient performance and prejudice established.
Remedy for weight-of-evidence issue	New trial is warranted based on weight of the evidence and recantation concerns.	Remedy should be renewed judgment of acquittal based on sufficiency.	Remand for a new trial.

Robinson v. State, 462 So.2d 471 (Fla. 1st DCA 1984) (failure to timely file weight-based motion may warrant relief)
State v. Robinson, 417 So.2d 760 (Fla. 1982) (trial court exclusive review of weight of evidence via motion for new trial)
Geibel v. State, 817 So.2d 1042 (Fla. 2d DCA 2002) (distinguishes between sufficiency and weight review)
Fergien v. State, 79 So.3d 907 (Fla. 2d DCA 2012) (clarifies motion types and review standards)
Manley v. State, 605 So.2d 1327 (Fla. 2d DCA 1992) (no strong likelihood a new trial would be ordered)
Robinson v. State, 766 So.2d 1131 (Fla. 2d DCA 2000) (cited for standard on ineffective assistance and new trial considerations)