MICHAEL G. FELTON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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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 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 such efforts have proven unsuccessful due to the loss of the stenographic notes from said trial and the trial participants’ inability or refusal to agree to an attempted reconstruction. Because the absence of such trial record prevents an informed review of the appellant’s points on appeal, the judgment of conviction and sentence appealed must be reversed and the cause remanded for a new trial. Wester v. State, 368 So. 2d 938, 939 (Fla. 3d DCA 1979); Simmons v. State, 200 So. 2d 619, 621-22 (Fla. 1st DCA 1967).
REVERSED AND REMANDED.
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Lucero v. State, 564 So. 2d 158 (Fla. 3d DCA 1990)…lose. However, on appeal, we cannot properly determine the relevant facts forming the basis of the trial judge’s conclusion or determine whether there was an abuse of discretion because the in-camera hearing was not transcribed. See Felton v. State, 534 So. 2d 911 (Fla. 3d DCA 1988); Wester v. State, 368 So. 2d 938 (Fla. 3d DCA 1979). We decline to speculate on the various legal and factual theories upon which the trial judge’s decision may have been based. Our holding is particularly appropriate in light of…
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Heriberto Garcia v. State, 578 So. 2d 325 (Fla. 4th DCA 1991)…ded: However, on appeal, we cannot properly determine the relevant facts forming the basis of the trial judge’s conclusion or determine whether there was an abuse of discretion because the in-camera hearing was not transcribed. See Felton v. State, 534 So. 2d 911 (Fla. 3d DCA 1988); Wester v. State, 368 So. 2d 938 (Fla. 3d DCA 1979). See also Simmons v. State, 200 So. 2d 619 (Fla. 1st DCA 1967) (new trial ordered since no transcript was available and the defense was unable to participate in reconstruction).…
Authorities Cited
- Harris v. Jewett, 200 So. 2d 619 (Fla. 3d DCA 1967)
- Simmons v. State, 200 So. 2d 619 (Fla. 1st DCA 1967)
- Felton v. State, 523 So. 2d 775 (Fla. 3d DCA 1988)
- Wester v. State, 368 So. 2d 938 (Fla. 3d DCA 1979)