State v. Acosta

OPINION

GARCIA, Judge.

{1} The State appeals the district court’s order granting Defendant’s motion for a new trial. This case presents the following issues: (1) the State’s ability to appeal the grant of a new trial based upon an evidentiary ruling, (2) the district court’s jurisdiction to grant a motion for a new trial on grounds that were raised sua sponte more than ten days after the verdict, and (3) whether the grant of a new trial was an abuse of discretion under the circumstances of this case. We affirm.

BACKGROUND

{2} Defendant was indicted by a grand jury on June 2, 2011, for trafficking…