STATE v. MORRIS

No. GG-498.

359 So.2d 478 (1978)

The STATE of Florida, Appellant, v. Stephen Marco MORRIS, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied June 8, 1978.


Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Patti Englander, Asst. Atty. Gen., Stephen L. Boyles, State's Atty., and John V. Doyle, Asst. State's Atty., for appellant.

Dan R. Warren of Judge & Warren, Daytona Beach, for appellee.


BOOTH, Judge.

This cause is before us on appeal from the order of the Circuit Court, Volusia County, granting appellee a new trial. The question presented is whether the trial court, after denial of a motion for new trial, has jurisdiction to consider any further motions in the nature of rehearing of motion for new trial in the absence of allegations of fraud or clerical error.

Appellee, defendant below, was tried and convicted by jury on June 17, 1976 of...

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