A.B., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
A.B., A JUVENILE, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
816 So. 2d 1269
Florida District Court of Appeal, Third District (2002)
Positive Treatment
Cited by 6 cases
Opinion of the Court
Confession of Error
PER CURIAM.
A.B. appeals an order entered after bench trial which found him guilty, withheld adjudication, and placed him on community control. After diligent search, the court reporter has been unable to locate the C.D. disk recording of the trial, and the parties have been unable to reconstruct the record in a manner which would allow appellate review. Under the circumstances, the State concedes that a new trial must be ordered. Delap v. State, 350 So. 2d 462, 463 (Fla.1977); Fairell v. State, 662 So. 2d 428 (Fla. 3d DCA 1995); Jackson v. State, 308 So. 2d 600 (Fla. 3d DCA 1975).
Reversed and remanded for a new trial.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Osberto DeJesus Vargas v. State, 902 So. 2d 166 (Fla. 3d DCA 2004)…dings cannot adequately be reconstructed notwithstanding a full hearing conducted in an attempt to do so, the defendant, claiming that he has thus been deprived of the right to adequate appellate review, has moved for a new trial. See A.B. v. State, 816 So. 2d 1269 (Fla. 3d DCA 2002). Even though he has been unable, either at the hearing below or on appeal, to identify even a potential source of reversible error in the conduct of the voir dire and instead relies only on the fact that the possibility that one o…
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Aniel Vilsaint v. State, 890 So. 2d 1293 (Fla. 3d DCA 2005)…significant portions of the proceedings below and have been unable to reconstruct the record. Under the circumstances, the State properly concedes that a new trial must be ordered. See, e.g., Delap v. State, 350 So. 2d 462 (Fla.1977); A.B. v. State, 816 So. 2d 1269 (Fla. 3d DCA 2002); Murphy v. State, 789 So. 2d 1235 (Fla. 3d DCA 2001); Jones v. State, 780 So. 2d 218 (Fla. 2d DCA 2001); Roberts v. State, 766 So. 2d 443 (Fla. 4th DCA 2000); Hunt v. State, 719 So. 2d 394 (Fla. 3d DCA 1998); Swain v. State, 701 S…
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Chaviano v. State, 75 So. 3d 1291 (Fla. 3d DCA 2011)…); cf. Lewis v. State, 992 So. 2d 421, 423 (Fla. 3d DCA 2008), the State concedes that his conviction and sentence should be reversed [*1292] and the case remanded for a new trial. See N.B. v. State, 48 So. 3d 1084 (Fla. 2d DCA 2010); A.B. v. State, 816 So. 2d 1269 (Fla. 3d DCA 2002). We agree. Accordingly, we vacate Chaviano’s judgment and sentence and remand the case for a new trial. REVERSED and REMANDED for new trial.…
Authorities Cited
- Delap v. State, 350 So. 2d 462 (Fla. 1977)
- Fairell v. State, 662 So. 2d 428 (Fla. 3d DCA 1995)
- Jackson v. State, 308 So. 2d 600 (Fla. 3d DCA 1975)
- Rosenwasser v. The Honorable John Smith, 308 So. 2d 600 (Fla. 3d DCA 1975)