LARRY TYRONE FAIRELL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1995-11-08
No. 94-583
Before BARKDULL, BASKIN and GODERICH, JJ.
662 So. 2d 428 Florida District Court of Appeal, Third District (1995) Positive Treatment
Cited by 22 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We set aside the judgment and conviction under review and remand the cause to the trial court to conduct a new trial.

The court reporter has certified that her notes from defendant’s trial are lost and a transcript cannot be prepared; the assistant public defender representing defendant is unable to recall the events in a meaningful manner sufficient to reconstruct the proceedings. These circumstances require that the cause be remanded for a new trial. Delap v. State, 350 So. 2d 462 (Fla.1977); Jackson v. State, 308 So. 2d 600 (Fla. 3d DCA 1975).

Remanded for new trial.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (11 total)

  • Blasco v. State, 680 So. 2d 1052 (Fla. 3d DCA 1996)
    …capital case where the transcript of the jury charge conferences, charge to the jury in both the trial and penalty phases, voir dire of the jury, and closing arguments of counsel in both trial and penalty phases were unavailable); Fairell v. State, 662 So. 2d 428 (Fla. 3d DCA 1995)(reversing a conviction and remanding for a new trial where the trial transcript was lost and defense counsel’s memory of the events was insufficient for a reconstruction of the proceedings); Ariko v. Nicholson, 606 [*1058] So. 2d…
  • Osberto DeJesus Vargas v. State, 902 So. 2d 166 (Fla. 3d DCA 2004)
    …have carefully considered the State’s argument, but conclude that the trial minutes do not contain sufficient detail to allow meaningful appellate review. We agree with the recommendation of Judge Klein, and order a new trial. See Fairell v. State, 662 So. 2d 428 (Fla. 3d DCA 1995); Jackson v. State, 308 So. 2d 600 (Fla. 3d DCA 1975); see also Delap v. State, 350 So. 2d 462 (Fla.1977). Accord Jones v. State, 780 So. 2d 218, 219 (Fla. 2d DCA 2001) (omission of State’s closing argument compels a new trial on…
  • Gaines v. Fla. Parole Comm'n, 743 So. 2d 118 (Fla. 4th DCA 1999)
    …cases also show that the judge is actively serving as a judge. See, e.g., Acosta v. State, 711 So. 2d 225 (Fla. 3d DCA 1998); Williams v. State, 707 So. 2d 1204 (Fla. 3d DCA 1998); Peri v. State, 695 So. 2d 490 (Fla. 3d DCA 1997); Fairell v. State, 662 So. 2d 428 (Fla. 3d DCA 1995).…

Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw