ENTRY_ORDER.93-168; 161 Vt. 602; 657 A.2d 170

[Filed 06-Jan-1994]

                                 ENTRY ORDER

                       SUPREME COURT DOCKET NO. 93-168

                             DECEMBER TERM, 1993


 State of Vermont                  }          APPEALED FROM:
                                   }
                                   }
      v.                           }          District Court of Vermont,
                                   }          Unit No. 2, Chittenden Circuit
                                   }
 Rebecca S. Durenleau              }          DOCKET NO. 1338-4-92Cncr


              In the above entitled cause the Clerk will enter:

      Defendant's alternative motion to remand is denied.  Defendant first
 must bring her motion for new trial before the trial court.  After the trial
 court has considered defendant's claim of newly discovered evidence, the
 court may either deny the motion or certify to this Court its intention to
 grant the motion.  If the trial court makes the latter certification to this
 Court, at that time, this Court would consider a new motion to remand by the
 defendant.  See United States v. Cronic, 466 U.S. 648, 667 n.42 (1984)
 (detailing procedure under identical terms of Fed. R. Crim. P. 33); see also
 3 C. Wright, Federal Practice & Procedure { 557, at 338-40 (2d ed. 1982 &
 Supp. 1993) (discussing procedure under Fed. R. Crim. P. 33 and collecting
 cases).






                                    BY THE COURT:


                                    _______________________________________
                                    Frederic W. Allen, Chief Justice

                                    _______________________________________
                                    Ernest W. Gibson III, Associate Justice

                                    _______________________________________
                                    John A. Dooley, Associate Justice

                                    _______________________________________
                                    James L. Morse, Associate Justice
 [x]  Publish
                                    _______________________________________
 [ ]  Do Not Publish                Denise R. Johnson, Associate Justice