State v. Snyder

This is a petition for a writ of prohibition filed by the state to prohibit the trial court from holding an evidentiary hearing on the “[defendant's [sjecond [mjotion for [njew [tjrial” filed below. This motion was filed in the trial court following our reversal of a previous trial court order granting the defendant’s first motion for new trial. See State v. Prieto, 439 So.2d 288 (Fla.3d DCA 1983). We conclude that the trial court has no jurisdiction to entertain the defendant’s second motion for new trial and, accordingly, grant the petition for a writ of prohibition.

First, the second motion…