Clifton v. State, 95-04392
| Citation | 697 So.2d 1000 |
| Decision Date | 08 August 1997 |
| Docket Number | No. 95-04392,95-04392 |
| Parties | 22 Fla. L. Weekly D1964 James Melvin CLIFTON, Appellant, v. STATE of Florida, Appellee. |
| Court | Court of Appeal of Florida (US) |
Appeal from the Circuit Court for Polk County; J. Tim Strickland, Judge.
James P. Harris, Jr., of Law office of Steve Pincket, Lakeland, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Jon Johnson, Assistant Attorney General, Tampa, for Appellee.
James Melvin Clifton appeals his convictions for aggravated assault and possession of a firearm by a felon. Clifton contends that the trial court erred in denying his motion for a new trial because the court failed to conduct an adequate inquiry into possible jury misconduct. We affirm because the motion for new trial was filed beyond the ten-day period allowed by Florida Rule of Criminal Procedure 3.590(a).
The jury verdict was rendered on July 18, 1995, and Clifton's motion was filed on August 23, 1995, substantially more than ten days later. The case law is clear that a motion for new trial under Rule 3.590(a) must be filed within ten days after rendition of the verdict and that the trial court loses jurisdiction of the matter after that time. See State v. Snyder, 453 So.2d 546 (Fla. 3d DCA 1984); State v. Robinson, 417 So.2d 760 (Fla. 1st DCA 1982); see also State v. Johnson, 651 So.2d 145 (Fla. 2d DCA 1995)(because ten-day time limit in Rule 3.590(a) is jurisdictional, court could not entertain motion for arrest of judgment filed two months after judgment).
Clifton's motion was not timely filed and, accordingly, we affirm.
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...to file such a motion within the allotted time deprives the trial court of jurisdiction to rule on the motion. See Clifton v. State, 697 So.2d 1000 (Fla. 2d DCA 1997); Canty v. State, 402 So.2d 1232 (Fla. 5th DCA 1981). Anton filed his motion for new trial more than two months after the jur......
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State v. Bodden, 3D99-2604.
...appellee's untimely motion for a new trial in this case. See State v. Anton, 700 So.2d 743, 747 (Fla. 2d DCA 1997); Clifton v. State, 697 So.2d 1000 (Fla. 2d DCA 1997); State v. Snyder, 453 So.2d 546, 546-47 (Fla. 3d DCA 1984); State v. Robinson, 417 So.2d 760, 761 (Fla. 1st DCA The state, ......
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...for new trial. See Fla. R.Crim. P. 3.590(a). This left the trial court without jurisdiction to consider the motion. Clifton v. State, 697 So.2d 1000 (Fla. 2d DCA 1997). However, this court can consider defense counsel's failure to timely file the motion for new trial as a claim of ineffecti......
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Porter v. State, 2
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