PORTER v. STATE

No. 97-05308.

749 So.2d 514 (1999)

James Lee PORTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 10, 1999.


Attorney(s) appearing for the Case

Peter D. Ringsmuth of Law Office of Peter D. Ringsmuth, Fort Myers, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.


FULMER, Judge.

The issue raised in this appeal is whether a motion for new trial was timely filed. We conclude that it was not, and therefore, affirm.

On August 28, 1997, a jury found James Lee Porter guilty of two counts of driving under the influence resulting in serious injury and one count of driving with a suspended license. On September 8, 1997, Porter's trial counsel prepared a motion for new trial and a proposed order for posttrial release. The two...

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