State v. Garcia

CARROLL, Judge.

The appellees were charged by information with the crime of second degree murder. They were tried together. Trianawas convicted of second degree murder. Garcia was convicted of manslaughter, a lesser degree of homicide. The defendants appealed, and the judgments were affirmed. Subsequently, on motions of the defendants filed in the trial court under Rule 1.850 CrPR, 33 F.S.A., the court entered an order setting aside the judgments and sentences and granting the defendants a new trial. That order was made more than two years after the date upon which the offenses were alleged to…