State v. Lopez

ORDER

The state in this criminal case seeks a writ of certiorari to review a trial justice’s decision granting defendant’s motion for new trial. The trial justice, in ruling on the motion, conditionally disregarded the state’s claim that the new trial motion had not been filed within ten days after the jury’s guilty verdict as required by Super. R.Crim. P. 38, and that consequently the court did not have jurisdiction to act on it. State v. Heath, 665 A.2d 1336 (R.I.1995); State v. Rodriguez, 742 A.2d 728 (R.I.1999). The defendant has not responded to the petition, leaving the state’s…