I am now reading there is a ten day time constraint for filing a motion for a new trial, yet the defendants attorney has not

If your question is whether that bars an appeal, the answer is "it depends." The only way you'll know what his possible options are is by speaking with appellate counsel. There are many of us in Jacksonville that handle these types of cases regularly. I wouldn't delay.

There are a million things that could affect whether or not the 10 day rule would bar an appeal. Consult with an appellate attorney immediately to avoid further complications.

Are you sure a Motion for New Trial wasn't filed ? They are routinely filed and usually denied after a guilty verdict. There may not be a reason to consult with the defendant prior to filing. Maybe check the clerks screen online for any recent filings.

That sucks. Sounds like an ineffective assistance of counsel claim on appeal (and possibly a Fl Bar Complaint) are in that Defendant's future. He should contact a criminal appeals lawyer asap. I hope that I have been helpful in answering your question.

The ten day rule is absolute. If a Motion For New Trial was not filed, it doesn't bar an appeal. If it appears that if one had been filed, and the grounds "may have" warranted a new trial, then an appellate court could choose to hear an argument for relief de novo. See an appellate attorney who handles criminal appeals. Before you do that, you should check the trial docket from the case to make sure one wasn't filed before sounding off. Consulting an appellate attorney for all of the concerns you have in this forum would be your best option.