State v. Quinn

OPINION OF THE COURT

MANUEL MENENDEZ, JR., Circuit Judge.

The State appeals an order granting Defendant’s Motion To Vacate Judgment And Sentence and further granting the Defendant a new trial. That Order is reversed because the trial court was without jurisdiction to grant the requested relief.

The Defendant was charged in a uniform traffic citation with driving or being in actual physical control of a motor vehicle while impaired by alcoholic beverages. On December 11, 1984, the Defendant entered a plea of nollo contendré to that charge. The Defendant was represented by counsel. More than 60…