Jimmy Toliver raises four issues in this appeal of his conviction and sentence for second-degree murder. We affirm.
Toliver first claims the trial court reversibly erred by not granting a mistrial after the State “revealed” his criminal record. We review a trial court’s denial of a motion for mistrial for an abuse of discretion. See Floyd v. State,
Toliver next argues the trial court reversibly erred by admitting a gruesome photograph of the crime scene. Again, we review the trial court’s determination for an abuse of discretion. See Wilson v. State,
Toliver’s third argument concerns the trial court’s denial of his motion for judgment of acquittal. A judgment of acquittal should only be granted when the jury cannot reasonably view the evidence in any manner favorable to the opposing party. See Lynch v. State,
Toliver’s final argument questions the trial court’s denial of his motion for a new trial, based upon the verdict being against the weight of the evidence. “[T]he only avenue for judicial review of the weight of the evidence is by motion for new trial at the trial court level .... [Tibbs] places sole responsibility for that discretionary decision upon the trial judge.” Robinson v. State,
AFFIRMED.
