JOSEPH THOMAS BOGDANOWICZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1999-10-29
No. 98-02954
BLUE, A.C.J., and NORTHCUTT and STRINGER, JJ., Concur.
744 So. 2d 1155 Florida District Court of Appeal, Second District (1999) Positive Treatment
Cited by 7 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Joseph Thomas Bogdanowicz appeals the denial of his dispositive motion to suppress cocaine and other items seized by law enforcement officers. The court reporter has certified that the notes for the transcript of the hearing on Bogdanowicz’s motion to suppress are lost; Bogdanow-icz’s trial counsel has certified that he cannot recall events at the hearing in a meaningful manner sufficient to reconstruct the proceedings. As the State concedes, under these circumstances, we must set aside the judgment of conviction and sentence entered against Bogdanowicz and remand this case to the trial court for further proceedings. See, e.g., Delap v. State, 350 So. 2d 462 (Fla.1977); Fairell v. State, 662 So. 2d 428 (Fla. 3d DCA 1995).

Reversed and remanded.

BLUE, A.C.J., and NORTHCUTT and STRINGER, JJ., Concur.


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  • Monroe v. State, 760 So. 2d 289 (Fla. 2d DCA 2000)
    …the trial court finds a violation of probation, it shall enter a formal, written order of violation and shall not use a Memo of Sentence as the disposi-tive document. See Rebollar v. State, 752 So. 2d 1287, 1287 (Fla. 2d DCA 2000); Wagner v. State, 744 So. 2d 1155, 1156 (Fla. 2d DCA 1999); Grantham, 735 So. 2d at 526. Remanded with directions. GREEN and CASANUEVA, JJ., Concur.…
  • Rebollar v. State, 752 So. 2d 1287 (Fla. 2d DCA 2000)
    …cussion. We do, however, agree with appellant’s contention in Issue III, that a sentencing memorandum is insufficient to serve as a written order of revocation. We, accordingly, remand with directions for entry of such an order. See Wagner v. State, 744 So. 2d 1155 (Fla. 2d DCA 1999); Grantham v. State, 735 So. 2d 525 (Fla. 2d DCA 1999). Remanded with directions. CAMPBELL, A.C.J., and PARKER and SALCINES, JJ., Concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).…
  • Murphy v. State, 789 So. 2d 1235 (Fla. 3d DCA 2001)
    …la. 3d DCA 1996), review denied, 689 So. 2d 1072 (Fla.1997); accord, Jones v. State, 780 So. 2d 218 (Fla. 2d DCA 2001); McKenzie v. State, 754 So. 2d 851 (Fla. 2d DCA 2000); Roberts v. State, 766 So. 2d 443 (Fla. 4th DCA 2000); Bogdanowicz v. State, 744 So. 2d 1155 (Fla. 2d DCA 1999); Rozier v. State, 669 So. 2d 353 (Fla. 3d DCA 1996); Fairell v. State, 662 So. 2d 428 (Fla. 3d DCA 1995); Felton v. State, 523 So. 2d 775 (Fla. 3d DCA 1988); Simmons v. State, 200 So. 2d 619 (Fla. 1st DCA 1967). Accordingly, the…

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