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BYRD v. STATE

No. 1D00-2737.

799 So.2d 290 (2001)

Carroll BYRD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied November 15, 2001.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Kathleen Stover, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Thomas H. Duffy, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Carroll Byrd appeals an order denying his motion for new trial alleging newly discovered evidence. But this motion was not filed within ten days after the rendition of the verdict and was therefore untimely. See Fla. R.Crim. P. 3.590(a). The trial court could not have construed the motion as seeking relief under Florida Rule of Criminal Procedure 3.850 because the motion did not comply with the requirements of that rule in that it was unsworn. ...

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