State v. Dana Lydell Smith

LANSING, Judge.

Following a jury trial, Smith was convicted of grand theft and sentenced to a unified term of fourteen years with seven years determinate. This Court affirmed Smith’s conviction in an unpublished decision. State v. Smith, Docket Nos. 35216, 35604 (Ct.App. May, 20, 2009) (unpublished). On January 19, 2012, Smith filed a pro se motion for a new trial on the basis of newly discovered evidence. 1 The district court denied the mo tion on the grounds that the motion “is untimely, and the court is without jurisdiction to consider it.” Smith appeals, contending that the trial court…