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250 So. 2d 308

Thomas v. State

District Court of Appeal of Florida · decided 1971-07-19

Cited by 4 later decisions — most recently November 1981

4 state decisions

Relies on 191 So. 2d 292 - Murray v. State · 76 So. 2d 148 - Farrior v. State · Miller v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1971-07-19

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WALDEN, Judge.

¶1Appellant was convicted of Grand Larceny by a jury on September 5, 1968. On October 17, 1969, appellant moved for a new trial based on an admission of perjury from the chief witness against appellant at trial. The trial court denied the motion based on lack of jurisdiction. Appellant appeals this denial.

¶2The time limit for filing a motion for a new trial is at most 15 days, F.R.Cr. P. 1.590, 33 F.S.A. This time limit is jurisdictional and strictly enforced. The trial court has no discretion to grant the motion after the expiration of the time limit. Farrior v. State, Fla.1954, 76 So.2d 148; Long v. State, Fla.1957, 96 So.2d 897; Miller v. State, Fla.App.1961, 134 So.2d 513; Murray v. State, Fla.App.1966, 191 So.2d 292.

¶3Since the motion in this case was made without the time limit it was proper to dismiss the motion without hearing the merits. We affirm.

¶4This decision shall operate without prejudice to appellant to pursue relief through appropriate channels, such as F.R.Cr.P. 1.850.

¶5Affirmed.

OWEN and MAGER, JJ., concur.
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