M.R.G., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Appellant M.R.G. seeks review of a circuit court order adjudicating him delinquent and placing him on supervised community control. It is undisputed that, through no fault of appellant, a transcript of the adjudicatory hearing cannot be obtained nor can an adequate record be reconstructed. Accordingly we have no alternative but to remand this case to the circuit court with instructions to conduct a de novo hearing. Delap v. State, 350 So. 2d 462 (Fla.1977).
We disagree with the state’s contention that this matter has become moot due to the fact appellant’s term of community control has expired.
Reversed.
SCHOONOVER, C.J., and CAMPBELL and THREADGILL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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L.I.B. v. State, 811 So. 2d 748 (Fla. 2d DCA 2002)…an adequate record cannot be constructed. The granting of a new trial is a proper remedy when an adequate record cannot be prepared. Delap v. State, 350 So. 2d 462, 463 (Fla.1977). This principle has been applied to juvenile cases. M.R.G. v. State, 576 So. 2d 1378, 1378 (Fla. 2d DCA 1991); S.D. v. State, 677 So. 2d 861, 861 (Fla. 1st DCA 1995). Therefore, we reverse and remand to the circuit court to conduct a de novo adjudicatory hearing. DAVIS, J., and THREADGILL, EDWARD F., SENIOR JUDGE, Concur.…
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J.W. v. State, 667 So. 2d 207 (Fla. 1st DCA 1995)…trial is the appropriate remedy. The granting of a new trial is the proper remedy when an adequate record cannot be prepared. Delap v. State, 350 So. 2d 462 (Fla.1977). This principle has been deemed applicable to juvenile cases. M.R.G. v. State, 576 So. 2d 1378 (Fla. 2d DCA 1991). Accordingly, we REVERSE and REMAND for a new trial. ERVIN, JOANOS and VAN NORTWICK, JJ., concur.…
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S.D. v. State, 677 So. 2d 861 (Fla. 1st DCA 1995)…trial is the appropriate remedy. The granting of a new trial is the proper remedy when an adequate record cannot be prepared. Delap v. State, 350 So. 2d 462 (Fla.1977). This principle has been deemed applicable to juvenile cases. M.R.G. v. State, 576 So. 2d 1378 (Fla. 2d DCA 1991). Accordingly, we REVERSE and REMAND for a new trial. ERVIN, BOOTH and WEBSTER, JJ., concur.…
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- Delap v. State, 350 So. 2d 462 (Fla. 1977)