State v. Nicholson

After a jury trial in which appellee, Donna Lynn Nicholson, was convicted of possession of cocaine, the trial court granted appellee a new trial. The state has appealed this order and argues that the trial court lacked jurisdiction to consider this motion for new trial as it was untimely. We agree and reverse.

The jury rendered its verdict against appellee on July 10, 2001. On July 18, 2001, appellee timely filed a motion for judgment notwithstanding the verdict which is the equivalent of a motion for judgment of acquittal under Rule 3.380(c), Florida Rules of Criminal Procedure. On August 3,…