BURTON v. STATE

No. 73-107.

296 So.2d 79 (1974)

Ollis BURTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 28, 1974.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, Albert R. Wilber, Jr., Sp. Asst. Public Defender, and Bruce J. Daniels, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and C. Marie Bernard, Asst. Atty. Gen., West Palm Beach, for appellee.


OWEN, Chief Judge.

A jury found appellant guilty of manslaughter, but a timely filed motion for new trial on the grounds of newly discovered evidence was granted. Thereafter, upon the State's petition for rehearing, the order granting a new trial was vacated and the motion for new trial was denied. Appellant was subsequently adjudged guilty and sentenced.

Appellant urges (1) that the trial court had no authority to entertain the State's petition for rehearing...

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