Gener v. State

District Court of Appeal of Florida

Gener v. State

84 So. 3d 1263, 2012 WL 1314179, 2012 Fla. App. LEXIS 5930

CourtDistrict Court of Appeal of Florida

DecidedApril 18, 2012

DocketNo. 3D11-1550

StatusPublished

This text of 84 So. 3d 1263 (Gener v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gener v. State, 84 So. 3d 1263, 2012 WL 1314179, 2012 Fla. App. LEXIS 5930 (Fla. Ct. App. 2012).

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Opinion

ROTHENBERG, J.

Bryan Charles Gener (“Gener”) appeals the trial court’s order denying as untimely his “Motion For New Trials” in case numbers 05-9595 and 07-20311. As the trial court correctly noted, a motion for a new trial in a non-death penalty case must be made within ten days after rendition of the verdict or a finding by the court. See State v. Snyder, 453 So.2d 546, 546-47 (Fla. 3d DCA 1984). Because Gener filed his motion more than ten days after rendition of the verdict or a finding by the court, and because the ten-day limit is jurisdictional, we affirm the order on appeal.

Affirmed.

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ROTHENBERG, J.

Bryan Charles Gener (“Gener”) appeals the trial court’s order denying as untimely his “Motion For New Trials” in case numbers 05-9595 and 07-20311. As the trial court correctly noted, a motion for a new trial in a non-death penalty case must be made within ten days after rendition of the verdict or a finding by the court. See State v. Snyder, 453 So.2d 546, 546-47 (Fla. 3d DCA 1984). Because Gener filed his motion more than ten days after rendition of the verdict or a finding by the court, and because the ten-day limit is jurisdictional, we affirm the order on appeal.

Affirmed.

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Bluebook (online)

84 So. 3d 1263, 2012 WL 1314179, 2012 Fla. App. LEXIS 5930, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gener-v-state-fladistctapp-2012.

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