AC's Grandma
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It gave me an error when trying to open the PDF Niner so I copied it here -
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STATE’S RESPONSE TO DEFENDANT’S MOTION FOR NEW TRIAL BASED ON NEWLY DISCOVERED EVIDENCE COMES NOW, the STATE OF FLORIDA, by and through the undersigned Assistant State Attorneys, and hereby responds to Defendant’s Motion for New Trial Based on Newly Discovered Evidence filed on December 22, 2021; the State requests that this Honorable Court deny Defendant’s motion. In furtherance of this request, the State avers that: 1. The time for filing a Motion for New Trial in a capital case is ten (10) days after written final judgment of conviction and sentence of life imprisonment or death is filed. Fla. R.Crim. P. 3.590 (b).1 2. The final written judgment was issued on January 3, 2020, almost two years before the filing of the current motion. 3. This motion is untimely. Such claims, if filed, must be filed under rule 3.851. 4. Rule 3.851 claims may be brought “by a defendant in state custody who has been sentenced to death and whose conviction and death sentence have been affirmed on direct appeal.” Fla. R.Crim. P. 3.851(a). 5. Defendant’s appeal is currently pending before the Florida Supreme Court, Case No. SC20-0225. Briefing and argument have been held; the Court’s opinion is pending. 6. The Defendant has one year to file such claims AFTER the judgment and sentence become final. The definition of ‘final’ is set forth in 3.851 (d): (A) “on the expiration of the time permitted to file in the United states Supreme Court a petition for writ of certiorari seeking review of the Supreme Court of Florida decision affirming a judgment and sentence of death (90 days after the opinion becomes final); or 1 A Motion for New Trial was filed on January 13, 2020. It included claims that verdict was contrary to the weight of the evidence and of newly discovered evidence. Filing # 141256827 E-Filed 01/03/2022 05:30:57 PM eFiled Lee County Clerk of Courts Page 1 2 (B) on the disposition of the petition for writ of certiorari by the United State Supreme Court, if filed.” 2 Wherefore, the State respectfully requests the court deny the Defendant’s motion. /s/ Cynthia A. Ross Assistant State Attorney Florida Bar Number 0142085 and /s/Hamid N. Hunter Assistant State Attorney Florida Bar Number 0194468 2000 Main Street, 6th Floor Fort Myers, Florida 33901 239-533-1000 eService: ServiceSAO-LEE@sao20.org CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been provided to the Honorable Bruce E. Kyle, Circuit Court Judge, Lee County Justice Center, 1700 Monroe Street, Fort Myers, Florida 33901; Court Administrator’s Office/Staff Attorney, Lee County Justice Center, 1700 Monroe Street, Fort Myers, Florida 33901; and to MarieLouise Samuels-Parmer, Parmer DeLiberato, P.A., Attorney for Defendant Mark D. Sievers, P.O.Box 18988, Tampa, FL 33679, marie@parmerdeliberato.com by United States Mail/Electronic Transmission this 3 rd day of January 2022.
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STATE’S RESPONSE TO DEFENDANT’S MOTION FOR NEW TRIAL BASED ON NEWLY DISCOVERED EVIDENCE COMES NOW, the STATE OF FLORIDA, by and through the undersigned Assistant State Attorneys, and hereby responds to Defendant’s Motion for New Trial Based on Newly Discovered Evidence filed on December 22, 2021; the State requests that this Honorable Court deny Defendant’s motion. In furtherance of this request, the State avers that: 1. The time for filing a Motion for New Trial in a capital case is ten (10) days after written final judgment of conviction and sentence of life imprisonment or death is filed. Fla. R.Crim. P. 3.590 (b).1 2. The final written judgment was issued on January 3, 2020, almost two years before the filing of the current motion. 3. This motion is untimely. Such claims, if filed, must be filed under rule 3.851. 4. Rule 3.851 claims may be brought “by a defendant in state custody who has been sentenced to death and whose conviction and death sentence have been affirmed on direct appeal.” Fla. R.Crim. P. 3.851(a). 5. Defendant’s appeal is currently pending before the Florida Supreme Court, Case No. SC20-0225. Briefing and argument have been held; the Court’s opinion is pending. 6. The Defendant has one year to file such claims AFTER the judgment and sentence become final. The definition of ‘final’ is set forth in 3.851 (d): (A) “on the expiration of the time permitted to file in the United states Supreme Court a petition for writ of certiorari seeking review of the Supreme Court of Florida decision affirming a judgment and sentence of death (90 days after the opinion becomes final); or 1 A Motion for New Trial was filed on January 13, 2020. It included claims that verdict was contrary to the weight of the evidence and of newly discovered evidence. Filing # 141256827 E-Filed 01/03/2022 05:30:57 PM eFiled Lee County Clerk of Courts Page 1 2 (B) on the disposition of the petition for writ of certiorari by the United State Supreme Court, if filed.” 2 Wherefore, the State respectfully requests the court deny the Defendant’s motion. /s/ Cynthia A. Ross Assistant State Attorney Florida Bar Number 0142085 and /s/Hamid N. Hunter Assistant State Attorney Florida Bar Number 0194468 2000 Main Street, 6th Floor Fort Myers, Florida 33901 239-533-1000 eService: ServiceSAO-LEE@sao20.org CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been provided to the Honorable Bruce E. Kyle, Circuit Court Judge, Lee County Justice Center, 1700 Monroe Street, Fort Myers, Florida 33901; Court Administrator’s Office/Staff Attorney, Lee County Justice Center, 1700 Monroe Street, Fort Myers, Florida 33901; and to MarieLouise Samuels-Parmer, Parmer DeLiberato, P.A., Attorney for Defendant Mark D. Sievers, P.O.Box 18988, Tampa, FL 33679, marie@parmerdeliberato.com by United States Mail/Electronic Transmission this 3 rd day of January 2022.
