THOMAS v. STATE

No. 70-400.

250 So.2d 308 (1971)

Sylvester THOMAS, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 19, 1971.


Attorney(s) appearing for the Case

Walter N. Colbath, Jr., Public Defender, and Alan R. Parlapiano, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Rodney Durrance, Jr., Asst. Atty. Gen., West Palm Beach, for appellee.


WALDEN, Judge.

Appellant 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.

The 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...

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