Motion for a New Trial Cases In Tennessee
A motion for new trial must be filed "within thirty days of the date the order of sentence is entered." Tenn. R. Crim. P. 33(b).
This time period is mandatory and may not be enlarged. Tenn. R. Crim. P. 45(b).
The effect of defendant's failure to timely file his motion for new trial is the waiver of any issues that were or should have been presented in the motion. T.R.A.P. 3(e); State v. Martin, 940 S.W.2d 567, 569 (Tenn. 1997).
Accordingly, this Court will review the record only for sufficiency of the evidence, see State v. Dodson, 780 S.W.2d 778, 780 (Tenn. Crim. App. 1989), and for plain errors which have affected defendant's substantial rights. Tenn. R. Crim. P. 52(b).
Questions concerning the credibility of witnesses, the weight and value to be given to the evidence, as well as factual issues raised by the evidence are resolved by the trier of fact, not this Court. Cabbage, 571 S.W.2d 832, 835.
A guilty verdict rendered by the jury and approved by the trial judge accredits the testimony of the witnesses for the State, and a presumption of guilt replaces the presumption of innocence. State v. Grace, 493 S.W.2d 474, 476 (Tenn. 1973).