Gener v. State

Full title: Bryan Charles Gener, Appellant, v. The State of Florida, Appellee.

Court: Third District Court of Appeal State of Florida

Date published: Apr 18, 2012

No. 3D11-1550 (Fla. Dist. Ct. App. Apr. 18, 2012)

Opinion

No. 3D11-1550 Lower Tribunal No. 05-9595 Lower Tribunal No. 07-20311

04-18-2012

Bryan Charles Gener, Appellant, v. The State of Florida, Appellee.

Roderick D. Vereen, for appellant. Pamela Jo Bondi, Attorney General, and Magaly Rodriguez, Assistant Attorney General, for appellee.

ROTHENBERG

Not final until disposition of timely filed motion for rehearing.

An Appeal from the Circuit Court for Miami-Dade County, Milton Hirsch, Judge.

Roderick D. Vereen, for appellant.

Pamela Jo Bondi, Attorney General, and Magaly Rodriguez, Assistant Attorney General, for appellee. Before WELLS, C.J., and SHEPHERD and ROTHENBERG, JJ.

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.