On May 20, 215 a
was filed
involving a dispute between
and
Snell, Thomas Matthew,
for FELONY
in the District Court of Osceola County.
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Filing # 164550634 E-Filed 01/11/2023 02:44:56 PM
IN THE CIRCUIT COURT, NINTH JUDICIAL
CIRCUIT, CRIMINAL JUSTICE DIVISION,
IN AND FOR OSCEOLA COUNTY, FLORIDA
STATE OF FLORIDA,
Plaintiff, CASE NO. 21CF001992AOS
DIVISION 11A
vs.
THOMAS MATTHEW SNELL,
Defendant.
___________________________________/
MOTION FOR NEW TRIAL
COMES NOW the Defendant, Thomas Matthew Snell, by and through the undersigned
attorney, pursuant to Florida Rule of Criminal Procedure 3.580, and moves this Court to enter its
Order granting a new trial as to the offense contained in the above-styled cause. In support of this
motion the Defendant would show:
1. The Court erred in denying Defendant’s Motion for Judgment of Acquittal made at the
close of the State's case and at the close of all of the evidence.
2. Florida Rule of Criminal Procedure 3.600(a)(2) provides that the trial court shall grant
a new trial if it is established “[t]hat the verdict is contrary to law or the weight of the
evidence”. Fla. R. Crim. P. 3.600 (2022).
3. The Court can act as an additional juror and grant a new trial if the verdict is contrary
to the weight of the evidence. Uprever v. State, 507 So. 2d 162 (Fla. 3d DCA 1987).
4. The Florida Rules of Criminal Procedure “enables the trial judge to weigh the evidence
and to determine the credibility of witnesses so as to act, in effect, as an additional
juror”. Tibbs v. State, 397 So. 2d 1120 at 1123 (Fla. 1981).
5. In deciding a motion for new trial, which asserts that the verdict is contrary to the
weight of the evidence, “the trial court acts as a safety valve by granting a new trial
where ‘the evidence is technically sufficient to prove the criminal charge but the weight
of the evidence does not appear to support the jury verdict.’ Moore v. State, 800 So.2d
747 (Fla. 5th DCA 2001).
WHEREFORE, Defense would assert that the verdict is contrary to the sufficiency and
the weight of the evidence and as a result the verdict is contrary to the law. As such, this Court
should act as additional juror and grant a new trial.
ROBERT WESLEY
PUBLIC DEFENDER
By:
_____________________________________
Alesha C. Smith
Florida Bar No. 106192
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that this original document has been E-Filed with the Clerk of Court through
the E-Portal and a copy of the foregoing has been E-Served to the Office of the State Attorney, 2
Courthouse Square, Kissimmee, Florida 34741, on the 11th day of January, 2023.
ROBERT WESLEY
PUBLIC DEFENDER
By:
_____________________________________
Alesha C. Smith
Florida Bar No. 106192
2 Courthouse Square
Suite 1600
Kissimmee, Florida 34741
asmith@circuit9.org
(407) 742-7062
Document Filed Date
November 02, 2023
Case Filing Date
May 20, 215
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Filing # 164550634 E-Filed 01/11/2023 02:44:56 PM IN THE CIRCUIT COURT, NINTH JUDICIAL CIRCUIT, CRIMINAL JUSTICE DIVISION, IN AND FOR OSCEOLA COUNTY, FLORIDA STATE OF FLORIDA, Plaintiff, CASE NO. 21CF001992AOS DIVISION 11A vs. THOMAS MATTHEW SNELL, Defendant. ___________________________________/ MOTION FOR NEW TRIAL COMES NOW the Defendant, Thomas Matthew Snell, by and through the undersigned attorney, pursuant to Florida Rule of Criminal Procedure 3.580, and moves this Court to enter its Order granting a new trial as to the offense contained in the above-styled cause. In support of this motion the Defendant would show: 1. The Court erred in denying Defendant’s Motion for Judgment of Acquittal made at the close of the State's case and at the close of all of the evidence. 2. Florida Rule of Criminal Procedure 3.600(a)(2) provides that the trial court shall grant a new trial if it is established “[t]hat the verdict is contrary to law or the weight of the evidence”. Fla. R. Crim. P. 3.600 (2022). 3. The Court can act as an additional juror and grant a new trial if the verdict is contrary to the weight of the evidence. Uprever v. State, 507 So. 2d 162 (Fla. 3d DCA 1987). 4. The Florida Rules of Criminal Procedure “enables the trial judge to weigh the evidence and to determine the credibility of witnesses so as to act, in effect, as an additional juror”. Tibbs v. State, 397 So. 2d 1120 at 1123 (Fla. 1981). 5. In deciding a motion for new trial, which asserts that the verdict is contrary to the weight of the evidence, “the trial court acts as a safety valve by granting a new trial where ‘the evidence is technically sufficient to prove the criminal charge but the weight of the evidence does not appear to support the jury verdict.’ Moore v. State, 800 So.2d 747 (Fla. 5th DCA 2001). WHEREFORE, Defense would assert that the verdict is contrary to the sufficiency and the weight of the evidence and as a result the verdict is contrary to the law. As such, this Court should act as additional juror and grant a new trial. ROBERT WESLEY PUBLIC DEFENDER By: _____________________________________ Alesha C. Smith Florida Bar No. 106192 CERTIFICATE OF SERVICE I HEREBY CERTIFY that this original document has been E-Filed with the Clerk of Court through the E-Portal and a copy of the foregoing has been E-Served to the Office of the State Attorney, 2 Courthouse Square, Kissimmee, Florida 34741, on the 11th day of January, 2023. ROBERT WESLEY PUBLIC DEFENDER By: _____________________________________ Alesha C. Smith Florida Bar No. 106192 2 Courthouse Square Suite 1600 Kissimmee, Florida 34741 asmith@circuit9.org (407) 742-7062