Victor Keyshawn Moten was convicted of malice murder and related offenses arising from the shooting death of Juan Diaz Mendez. After the trial court denied his motion for new trial, Moten sought to amend the motion to add a claim that trial counsel was ineffective. The Supreme Court of Georgia held that the trial court erred by refusing to consider the ineffectiveness claim before entering its final ruling. The proper procedure was to allow Moten to amend the motion and give the trial court an opportunity to address the claim in the first instance. The Court vacated the order denying the motion for new trial and remanded with direction for the amendment and further proceedings.