S.D., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
S.D., A CHILD, APPELLANT,
STATE OF FLORIDA, APPELLEE
677 So. 2d 861
Florida District Court of Appeal, First District (1995)
Positive Treatment
Cited by 2 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, BOOTH and WEBSTER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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L.I.B. v. State, 811 So. 2d 748 (Fla. 2d DCA 2002)…f 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.…
Authorities Cited
- Delap v. State, 350 So. 2d 462 (Fla. 1977)
- M.R.G. v. State, 576 So. 2d 1378 (Fla. 2d DCA 1991)