H.C.T., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A complete transcript of the trial in this juvenile proceeding is unavailable because of a malfunction in the recording equipment utilized by the trial court. This court previously relinquished jurisdiction to allow the parties to attempt to reconstruct the record, and the trial court has entered an order finding that the parties and the court have no recollection of the trial sufficient to successfully do so. Appellant therefore moves to vacate his conviction, and the state has not timely indicated any opposition to this requested relief.
The granting of a new trial is the proper remedy when an adequate record cannot be prepared, and this principle has been deemed applicable to juvenile cases. See J.W. v. State, 20 Fla.L.Weekly D1716, — So. 2d - [1995 WL 437264] (Fla. 1st DCA July 26, 1995). Accordingly, we REVERSE and REMAND for a new trial.
JOANOS, MICKLE and VAN NORTWICK, JJ., concur.
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Berube v. State, 771 So. 2d 1263 (Fla. 2d DCA 2000)…ee Fla. RApp. P. 9.200(f); Hamilton v. State, 573 So. 2d 109 (Fla. 4th DCA 1991); Lipman v. State, 428 So. 2d 733 (Fla. 1st DCA 1983). Where, as here, the parties are unable to reconstruct the record, a new hearing must be held. See H.C.T. v. State, 662 So. 2d 1034 (Fla. 1st DCA 1995). Accordingly, we vacate Berube’s plea, reverse his conviction and remand to the trial court for further pro [*1264] ceedings, including a new hearing on the motion to dismiss. Reversed and remanded.. PARKER, A.C.J., and CASAN…