J.W., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
J.W., A CHILD, APPELLANT,
STATE OF FLORIDA, APPELLEE
667 So. 2d 207
Florida District Court of Appeal, First District (1995)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
No recording of the trial in this case is available because of a malfunction in the recording equipment. The trial court has entered an order finding that the parties are unable to agree on the events at trial and certifies that the record cannot be reconstructed. Appellant moves to vacate his conviction. The state concedes that remand for a new 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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D.W. v. State, 667 So. 2d 920 (Fla. 1st DCA 1996)…and the trial court has so certified. 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. J.W. v. State, 667 So. 2d 207 (Fla. 1st DCA 1995); M.R.G. v. State, 576 So. 2d 1378 (Fla. 2d DCA 1991). [*921] Accordingly, we REVERSE and REMAND for a new trial. WOLF, BENTON and VAN NORTWICK, JJ., concur.…
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D.H. v. State, 682 So. 2d 1195 (Fla. 1st DCA 1996)…ourt has entered an order indicating that the record cannot be reconstructed. Appellant moves to vacate his conviction, and the state concedes that remand for a new trial is the appropriate remedy under these circumstances. See, e.g., J.W. v. State, 667 So. 2d 207 (Fla. 1st DCA 1995). Accordingly, we REVERSE and REMAND for a new trial. MINER, WEBSTER and LAWRENCE, JJ., concur.…
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J.R.V. v. State, 682 So. 2d 1239 (Fla. 1st DCA 1996)…record of the adjudicatory hearing cannot be transcribed and the parties cannot reconstruct the record, the judgment of the trial court is reversed and this cause remanded for a new hearing. Delap v. State, 350 So. 2d 462 (Fla.1977), J.W. v. State, 667 So. 2d 207 (Fla. 1st DCA 1995). ALLEN, WEBSTER and MICKLE, JJ., concur.…
Authorities Cited
- Delap v. State, 350 So. 2d 462 (Fla. 1977)
- M.R.G. v. State, 576 So. 2d 1378 (Fla. 2d DCA 1991)