MICHAEL G. FELTON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Michael Felton appeals his conviction for robbery with a firearm following retrial after a prior appellate decision. The trial transcript was lost and informal attempts to reconstruct the record failed, so the appellate court remanded to the trial court with instructions to formally attempt reconstruction or certify that reconstruction is impossible, with reversal and new trial required if certification is made.
The appellate court cannot review the conviction without a trial transcript and therefore remanded the cause to the trial court with instructions to formally attempt reconstruction of the trial record pursuant to procedural rules, with a requirement that if reconstruction is found impossible after determined efforts, the trial court must certify such impossibility, whereupon the conviction will be reversed and a new trial ordered.
[1] A lost trial transcript necessitates a determined effort to reconstruct the record by all trial participants.
[2] If a trial record cannot be reconstructed with reasonable accuracy after determined efforts, the trial court should certify this impossibility to the appellate court.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“We do not question the good faith of any of the trial participants below, as such record reconstructions of an entire trial are relatively rare due to the extreme difficulties in preparing same; people's memories of a complex trial involving many witnesses are rarely such that a proper record can ever be reconstructed given the passage of time.”
Establishes the court's recognition of the practical difficulties in reconstructing trial records while maintaining respect for trial participants' good faith efforts.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceFelton was retried following a prior appellate decision, convicted of robbery with a firearm, and sentenced to twenty years imprisonment. The trial co…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Reconstruction Of Trial Record cases and more on FLexlaw
PER CURIAM.
Following our decision in Felton v. State, 438 So. 2d 1049 (Fla. 3d DCA 1983), the cause was remanded to the trial court where the defendant Michael Felton was retried, convicted of robbery with a firearm, and sentenced to twenty years imprisonment. The defendant appeals from this conviction.
It appears without dispute that although the defendant properly filed timely designations to the reporter, see Fla.R.App.P. 9.200(a)(2), no trial transcript of the trial below was prepared or filed by the court reporter in response to such designations because the reporter’s notes for the trial have been lost. It further appears, without dispute, that despite informal efforts of the defendant’s appellate counsel, the trial below has not been reconstructed pursuant to Fla.R.App.P. 9.200(b)(3).
It appears that both the trial judge, who is no longer on the bench, and defendant’s former trial counsel have, in effect, declined invitations to reconstruct the trial record; moreover, the assistant state attorney, who tried the case below and is now a circuit judge, has expressed a willingness to cooperate in reconstructing the record, but has been unable to approve such a record in the absence of a proposed defense reconstruction. We do not question the good faith of any of the trial participants below, as such record reconstructions of an entire trial are relatively rare due to the extreme difficulties in preparing same; people’s memories of a complex trial involving many witnesses are rarely such that a proper record can ever be reconstructed given the passage of time.
Nevertheless, the efforts to reconstruct the record to date have been entirely informal, and we have no certification from the trial court that a record cannot be reconstructed under Fla.R.App.P. 9.200(b)(3). In the interest of justice, we therefore deem it necessary to relinquish jurisdiction of this cause to the trial court with instructions that all trial participants formally undertake a determined effort at reconstruction of the trial pursuant to Fla.R.App.P. 9.200(b)(3) and, if able to do so, complete the record with reasonable accuracy and return same to this court within ninety days so that an informed review of the points on appeal may be undertaken.
However, in the event that, after determined efforts of the trial participants, reconstruction of the trial is found to be impossible, the trial court should so certify to this court in a manner similar to that of the trial court in Yancey v. State, 267 So. 2d 836, 837 (Fla. 4th DCA 1972) (supplemental opinion). Upon receipt of such certification, the final judgment of conviction and sentence under review shall be reversed and the cause remanded to the trial court for a new trial. Simmons v. State, 200 So. 2d 619 (Fla. 1st DCA 1967); Wester v. State, 368 So. 2d 938 (Fla. 3d DCA 1979).
Remanded with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Morgan v. State, 550 So. 2d 151 (Fla. 3d DCA 1989)…sons for departure. Williams; Keys v. State, 500 So. 2d 134 (Fla.1986); McGriff v. State, 528 So. 2d 396 (Fla. 3d DCA 1988); Musgrove; Brier v. State, 504 So. 2d 809 (Fla. 2d DCA 1987). The Morgans’ remaining points lack merit. See Felton v. State, 523 So. 2d 775 (Fla. 3d DCA 1988). Convictions affirmed; Andre Morgan’s sentence reversed; Anthony Morgan’s sentence affirmed; remanded for resentenc-ing. . Although both Andre and Anthony were convicted of the other drug-related offenses, they were sentenced on…
-
Terry v. State, 263 So. 3d 799 (Fla. 4th DCA 2019)…esentencing); Thomas v. State, 828 So. 2d 456, 457 (Fla. 4th DCA 2002) (remanding case for a new trial because missing portion of the transcript was necessary for a complete review and 7 omissions could not be reconstructed); Felton v. State, 523 So. 2d 775, 776 (Fla. 3d DCA 1988) (“[I]n the event that, after determined efforts of the trial participants, reconstruction of the trial is found to be impossible, the trial court should so certify” to the appellate court). Additionally, “not all omission…
-
Felton v. State, 534 So. 2d 911 (Fla. 3d DCA 1988)…PER CURIAM. In response to our prior opinion in this case, Felton v. State, 523 So. 2d 775 (Fla. 3d DCA 1988), in which jurisdiction was relinquished to the trial court with directions to [*912] undertake formal efforts to reconstruct the trial record in the cause pursuant to Fla.R. App.P. 9.200(b)(3), the court has now certified that suc…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Elbert Quinton Yancey v. State, 267 So. 2d 836 (Fla. 4th DCA 1972)
- Harris v. Jewett, 200 So. 2d 619 (Fla. 3d DCA 1967)
- Simmons v. State, 200 So. 2d 619 (Fla. 1st DCA 1967)
- Miller v. State, 438 So. 2d 1049 (Fla. 3d DCA 1983)
- Wester v. State, 368 So. 2d 938 (Fla. 3d DCA 1979)