JAMES ADER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2001-11-21
No. 4D00-1287
DELL, GUNTHER and TAYLOR, JJ., concur.
814 So. 2d 461 Florida District Court of Appeal, Fourth District (2001) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

James Ader appeals his conviction and sentence for battery on a law enforcement officer. We affirm his conviction. Howev er, we reverse appellant’s sentence and remand for further proceedings. The State concedes that due to the lack of a transcript, appellant is entitled to a new sentencing hearing. Pugatch v. State, 560 So. 2d 419 (Fla. 4th DCA 1990); Yancey v. State, 267 So. 2d 836 (Fla. 4th DCA 1972).

AFFIRMED IN PART, REVERSED IN PART AND REMANDED.

DELL, GUNTHER and TAYLOR, JJ., concur.


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  • Robinson v. State, 262 So. 3d 826 (Fla. 4th DCA 2019)
  • Yohaniz Ceballos Palomino v. State, 270 So. 3d 432 (Fla. 4th DCA 2019)
    …r, acknowledging that a “defendant is entitled to a full transcript containing appealable issues.” We agree. See Robinson v. State, 262 So. 3d 826, 826 (Fla. 4th DCA 2019) (citing Hardy v. United States, 375 U.S. 277, 279 (1964); Ader v. State, 814 So. 2d 461, 462 (Fla. 4th DCA 2001); Smith v. State, 801 So. 2d 198, 199-200 (Fla. 4th DCA 2001)). The Defendant’s convictions and sentences are reversed, and the case is remanded for a new trial on one count of aggravated battery (deadly weapon) and two…

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