Ala. R. Crim. P. 20.3

History

[Amended eff. 7-1-98.] Committee Comments as Amended Effective August 1, 1997 Rule 20.3 provides a means of granting a delayed judgment of acquittal. It does not alter the following principle of law as expressed in Tooson v. State, 56 Ala.App. 613, at 615, 324 So.2d 327, at 329, cert. denied, 295 Ala. 426, 324 So.2d 333 (1975): “In considering the question as to whether the trial court correctly overruled the motion to exclude, we can only consider the evidence which was before the trial court at the time the motion to exclude was made.” (Citations omitted.) This rule provides that a defendant may make a motion for a judgment of acquittal after the jury has returned a verdict, or after a judgment of conviction is entered, without having made such a motion under Rule 20.2 before submission of the case to the factfinder. Compare Rule 50(b), Ala.R.Civ.P., which allows a motion for judgment notwithstanding the verdict only if a motion for a directed verdict has been made at the proper time. Section (b) allows the motion to be made at any time from the time a verdict is returned or a judgment of conviction is entered until thirty (30) days following the sentencing (fourteen (14) days in a district or municipal court). If in a jury trial the jury is discharged without having returned a verdict, the defendant has ten (10) days in which to file the motion, or a shorter time if a new trial begins within the ten (10) days. The time periods, including the reduced period in district and municipal court, are consistent with the time limits allowed for motions filed pursuant to Rule 24. Section (c), while allowing a motion for a judgment of acquittal to be filed as a separate motion, contemplates that the usual procedure will be to join in one motion the motion for a judgment of acquittal based on insufficiency of the evidence, and the motion for a new trial based on other grounds; nevertheless, it permits the filing of separate motions. Section (d), in allowing a motion for judgment of acquittal to be filed by a defendant found not guilty by reason of mental disease or defect or not guilty and not guilty by reason of mental disease or defect, recognizes that while the finding is one of no guilt, it nevertheless may have adverse consequences for the defendant. See Ala.Code 1975, § 15-16-40 et seq. Section (e) is comparable to Rule 24.3 dealing with motions for a new trial and motions in arrest of judgment. Section (f) is comparable to Rule 24.4 and 24.5 of these Rules and is based on Rule 59.1, Ala.R.Civ.P. Like a motion for a new trial and a motion in arrest of judgment, a motion for a judgment of acquittal shall not remain pending in the trial court for more than 60 days after the motion is filed, unless all parties consent on the record to carrying the motion beyond 60 days to a date certain. Section (g) is comparable to a provision of Rule 24.5. Rule 4(b), Ala.R.App.P., provides that in circuit court cases the filing of a post-sentence motion for a judgment of acquittal will toll the running of the time for appeal. Section (g) provides a tolling provision for such a motion in the district or municipal court made after a judgment of conviction. Comment to Amendment Effective July 1, 1998 The amendment to Rule 20.3(f)(1) provides that a judgment of acquittal shall be denied by operation of law sixty (60) days after the pronouncement of sentence, rather than sixty (60) days after the filing of the motion. This change makes the time frame for the denial by operation of law of a judgment of acquittal consistent with the time frame for the denial by operation of law of a motion for a new trial and a motion in arrest of judgment. See Rule 24.4.