State v. Frias (8th COA)

A trial court should not grant a motion for new trial on the basis of claims of ineffective assistance of counsel not raised in the original motion for new trial. In this case, the defendant filed a motion for new trial alleging certain instances of ineffective assistance of counsel, but at the new trial hearing, which occurred outside the 30-day window for amending the motion, the defendant presented new arguments on that same claim. While the defendant did not allege a “wholly distinct legal ground,” the additional arguments were not pled in the original motion for new trial and thus could not support the grant of new trial. Read.