Deposed Monroe County Schools Superintendent Randy Acevedo is awaiting a panel of judges' decision on whether to grant him a new trial.

The 3rd District Court of Appeal in Miami on Thursday would not immediately release a brief Acevedo's attorney filed on June 3, which contained his legal arguments for seeking an appeal.

The State Attorney's Office must file an answer within 20 days, but can ask the appeals court for more time. Once that document is filed, a three-judge panel will consider the request and issue a written ruling.

Attorney Robert Herce argues there was not enough evidence to justify Acevedo's Aug. 28 conviction, among other things, but did not return The Citizen's phone calls Thursday to expound upon them.

Acevedo could not have been convicted of hiding his wife's crimes because she has not been convicted of any, his trial attorney, Catherine Vogel, wrote in initial appeal papers she filed. Monique Acevedo's trial is scheduled for Oct. 18, with a pretrial hearing at 1:30 p.m. July 29 in Key West.

Assistant State Attorney Mark Wilson, who prosecuted Randy Acevedo, disagreed, saying the jury in his trial essentially found that his wife had stolen money from the school district.

"The jury in Randy Acevedo's trial, in order to find him guilty of official misconduct, necessarily had to find that Mrs. Acevedo committed grand theft against the school district," Wilson said. "That was an element of the charge against him, which the state proved beyond a reasonable doubt."

The appeals court will either reject or grant Acevedo's request for a new trial, and in rare cases could reverse the conviction and order him "discharged," or free of obligations.

Monroe County circuit Judge Mark Jones sentenced Acevedo to three years' probation, a $15,000 fine and once-a-month community service.

Monique Acevedo, the former Adult Education coordinator, is accused of stealing almost a half-million dollars in cash-only cosmetology student and salon services fees, ninth-grade class fundraising money and in personal purchases made with her school district credit card.

jguerra@keysnews.com