CHARLES CHAVERS, III, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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BLUE, Judge.
Charles Chavers, III, appeals his convictions for attempted robbery and criminal mischief. We have considered his issues on appeal but find no reversible error. Accordingly, we affirm.
In this case, Mr. Chavers gave a recorded statement to the police. After introducing the tape into evidence, the State played it for the jury. The court reporter, however, failed to transcribe the tape. In Jackson v. State, 723 So. 2d 319 (Fla. 2d DCA 1998), where the trial court had directed the court reporter not to transcribe a taped statement played for the jury, this court noted that such an omission could require reversal in a different case. See also Lawrence v. State, 632 So. 2d 1099 (Fla. 1st DCA 1994) (holding that court reporter was obligated to transcribe tapes played during trial, but noting that tape itself was best evidence). The record has been supplemented with the tape itself, which we have reviewed, and we affirm. We write to remind trial courts and court reporters of the serious obligation for a complete record of criminal proceedings.
Affirmed.
CAMPBELL, A.C.J., and SALCINES, J., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Greene v. State, 795 So. 2d 94 (Fla. 4th DCA 2000)…the tape, itself, remains the best evidence of its audibility and contents. Id. Just recently, the second district cited to Lawrence’s requirement that the court reporter was obligated to transcribe tapes played during trial. See Chavers v. State, 775 So. 2d 328 (Fla. 2d DCA 2000). The court wrote on the issue “to remind trial courts and court reporters of the serious obligation for a complete record of criminal proceedings.” Id. at 328. The state’s response to our show cause order maintains that the parti…
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Fermin Nunez v. State, 109 So. 3d 890 (Fla. 3d DCA 2013)…ter makes a good-faith effort to transcribe the audio portion of any recording presented to the jury. See Fla. R. Jud. Admin. 2.535; Martinez v. State, 761 So. 2d 1074 (Fla.2000); Greene v. State, 795 So. 2d 94 (Fla. 4th DCA 2000); Chavers v. State, 775 So. 2d 328 (Fla. 2d DCA 2000). . The defense failed to object to the trial court’s decision to send the DVD into the jury room, rather than bringing the jury back into the courtroom to view the DVD. Although this issue was not preserved, we take this opportun…
Authorities Cited
- Lawrence v. State, 632 So. 2d 1099 (Fla. 1st DCA 1994)
- Tyrel Jackson v. State, 723 So. 2d 319 (Fla. 2d DCA 1998)