KEVIN NELMS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Nelms v. State, 596 So. 2d 441 (Fla. 1992)
  …GRIMES, Judge. We review Nelms v. State, 573 So. 2d 109 (Fla. 4th DCA 1991), in which the district court of appeal affirmed per curiam without opinion the lower court order denying relief on Nelms’ motion for postconviction relief. The district court of appeal cited State v. Moreland, 564 So. 2d 1164 (Fl…
• Thomas v. State, 828 So. 2d 456 (Fla. 4th DCA 2002)
  …198, 199 (Fla. 4th DCA 2001) (quoting Simmons v. State, 200 So. 2d 619, 620-21 (Fla. 1st DCA 1967)). “Once a criminal defendant has chosen to exercise his right to appeal, he is entitled to a full transcript of the trial record.” Hamilton v. State, 573 So. 2d 109, 110 (Fla. 4th DCA 1991). Although not all omissions from a transcript require a new trial, see Velez v. State, 645 So. 2d 42, 44 (Fla. 4th DCA 1994), the missing portion of the transcript in this case is necessary for a complete review. See Smith…
• Smith v. State, 801 So. 2d 198 (Fla. 4th DCA 2001)
  …of such judgment of conviction as may be rendered against him is a necessary ingredient of due process of law and guaranteed by the constitution of this state.” Simmons v. State, 200 So. 2d 619, 620-21 (Fla. 1st DCA 1967); accord Hamilton v. State, 573 So. 2d 109, 110 (Fla. 4th DCA 1991) (criminal defendant exercising right to appeal is entitled to full trial transcript). When portions of the appellate record are incomplete, “[t]he question to be asked is whether the portions are necessary for a complete rev…

Authorities Cited

• Caracciolo v. State, 564 So. 2d 1164 (Fla. 4th DCA 1990)