Richardson v. State, 88-1641
| Decision Date | 23 February 1989 |
| Docket Number | No. 88-1641,88-1641 |
| Citation | 14 Fla. L. Weekly 529,540 So.2d 133 |
| Parties | 14 Fla. L. Weekly 529 Roosevelt RICHARDSON, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
The State moves to dismiss this appeal, contending that we lack jurisdiction because the notice of appeal was not timely filed. We agree that we lack jurisdiction and dismiss the appeal.
On May 12, 1988, at the conclusion of a violation of probation hearing, the trial court found defendant guilty of such violation, signed the order revoking probation and sentenced defendant on the original charge to 25 years' incarceration. On May 24, 1988, defendant filed a motion for new trial. Judgment and sentence were entered May 31, 1988; the order denying the motion for new trial was entered July 25, 1988; and notice of appeal was filed on August 11, 1988. Unless the motion for new trial delayed rendition 1 of the judgment and sentence until that motion was disposed of on July 25, 1988, the notice of appeal is untimely. The State contends that the motion for new trial was not timely filed, so that the rendition of the judgment was its entry date of May 31, 1988, making the notice of appeal, filed more than 30 days thereafter on August 11, 1988, too late to confer jurisdiction on this court.
Florida Rule of Criminal Procedure 3.590(a) provides:
A motion for new trial or in arrest of judgment, or both, may be made within ten days after the rendition of the verdict or the finding of the court. A timely motion may be amended to state new grounds without leave of court prior to expiration of the 10-day period, and in the discretion of the court at any other time before the motion is determined.
Costello v. State, 246 So.2d 752 (Fla.1971). In jury trials, the rendition of the verdict, which triggers the start of the ten day period for filing a motion for new trial, occurs when the verdict is announced and entered of record. Fla.R.Crim.P. 3.440. Similarly, in the non-jury setting, the court's finding of guilt...
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...overruled in part on other grounds, State v. District Court of Appeal, First District, 569 So.2d 439 (Fla.1990); Richardson v. State, 540 So.2d 133 (Fla. 5th DCA 1989). Failure to file such a motion within the allotted time deprives the trial court of jurisdiction to rule on the motion. See......
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Stephenson v. State, 93-00405
...new trial did not delay rendition of the judgment[s] and sentence[s] for purposes of filing a notice of appeal." Richardson v. State, 540 So.2d 133, 134 (Fla. 5th DCA 1989). We have also considered appellate counsel's argument in response to our order to show cause that we can conclude from......
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