State v. Price

The state has filed a motion for summary dismissal of this appeal, or, in the alternative, a motion for summary affirmance. The specific reason alleged is defendant’s failure to file a motion for a new trial in the District Court. The State contends the filing of the motion for a new trial is mandatory and jurisdictional. The State argues that without it there is nothing for this court to review.

The public defender points out this appeal is from a guilty plea to a charge of burglary. He concedes no motion for new trial was ever filed. We sustain the motion for summary affirmance but not for…