State v. Smiley

ORDER RELINQUISHING JURISDICTION

CASANUEVA, Judge.

On the court’s own motion, we relinquish jurisdiction to the trial court for sixty days to hold an evidentiary hearing on a factual issue in the posttrial record that must be resolved before this appeal may proceed.

On January 17, 2001, George Ira Smiley was tried and found guilty of one count of vehicular homicide. Thereafter, defense counsel filed a timely motion for judgment of acquittal or a new trial. The trial judge denied a judgment of acquittal but granted a new trial after being convinced that he had misinstructed the jury. The State…