Florida District Courts of Appeal, 2012

Gener v. State

Gener v. State
Florida District Courts of Appeal · Decided April 18, 2012 · Rothenberg, Shepherd, Wells
84 So. 3d 1263; 2012 WL 1314179; 2012 Fla. App. LEXIS 5930 (Southern Reporter, Third Series)

Gener v. State

Opinion of the Court

ROTHENBERG, J.

Bryan Charles Gener (“Gener”) appeals the trial court’s order denying as untimely his “Motion For New Trials” in case numbers 05-9595 and 07-20311. As the trial court correctly noted, a motion for a new trial in a non-death penalty case must be made within ten days after rendition of the verdict or a finding by the court. See State v. Snyder, 453 So.2d 546, 546-47 (Fla. 3d DCA 1984). Because Gener filed his motion more than ten days after rendition of the verdict or a finding by the court, and because the ten-day limit is jurisdictional, we affirm the order on appeal.

Affirmed.

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