Martin v. State

MANN, Judge.

The State has moved to strike the appellant’s “point on appeal” on the ground that the appellant did not file a timely mo*721tion for new trial and the sole point on appeal involves the sufficiency of evidence. Fla.R.Cr.P. 1.590, 33 F.S.A., provides that a motion for new trial must be made within a period not exceeding 15 days “after the rendition of the verdict or the finding of the court.” Martin was convicted by verdict of a jury rendered September 28, 1971. His motion for new trial was filed December 6, 1971 — three days after the adjudication of guilt. The motion was not timely…