State v. Casebolt

CROW, Judge.

The State brings this appeal from an order granting an accused a new trial in a criminal proceeding. The threshold issue *115confronting this court is whether the State’s notice of appeal was timely.

Defendant, Buford K. Casebolt, was tried by jury on four counts of “causing to be made a false statement to receive a health care payment” in violation of § 191.905.1, RSMo 1994. On April 15, 1998, the jury found Defendant guilty of Count I but not guilty of Counts II, III and IV.

Defendant filed a timely motion for new trial as to Count I on May 4, 1998.1 The trial court granted the motion…