JOHN CAMERON BARBER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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John Cameron Barber was convicted of trespass and grand theft, but the trial court reporter could not produce a transcript of the trial proceedings, and reconstruction efforts proved futile. The appellate court reversed the convictions and remanded for a new trial, as an adequate record is necessary for meaningful appellate review.
The defendant is entitled to a new trial because a complete and adequate trial record cannot be prepared when the court reporter's transcript is unavailable and reconstruction is futile. The court's inability to obtain an adequate record, through no fault of the defendant, requires reversal and remand for a new trial.
[1] A new trial is a proper remedy when an adequate appellate record cannot be prepared through no fault of the defendant.
[2] When a court reporter's notes are lost and a reconstructed record is insufficient for meaningful appellate review, convictions must be reversed and the cause remanded for…
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Join FLexlaw to unlock all legal intelligence“The granting of a new trial is a proper remedy when an adequate record cannot be prepared”
Establishes the legal principle that unavailable trial transcripts warrant a new trial
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Join FLexlaw to unlock all legal intelligenceBarber was convicted of trespass as a lesser included offense of burglary (Count 1) and grand theft (Count 2), and was sentenced to credit time served…
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ROTHENBERG, J.
The defendant, John Cameron Barber, was convicted of trespass as a lesser included offense of burglary (Count 1)' and grand theft (Count 2). He was later sentenced to credit time served on Count 1 and ten years on Count 2. After this court granted the defendant’s petition for belated appeal, the defendant’s attorney requested transcripts of the proceedings. Thereafter, the court reporter submitted an affidavit stating that she was unable to produce a transcript of the trial. Upon the defendant’s request, this court relinquished jurisdiction to give the State and the defendant’s attorney an opportunity to reconstruct the record. The State acknowledged before the trial court that their attempt to reconstruct the record of the entire trial was futile.
The State and the defense have filed a Stipulated Motion for New Trial, requesting that this court vacate the defendant’s convictions and sentence, and remand for a new trial. As the parties have properly conceded in their stipulated motion, the defendant is entitled to a new trial because their attempt to reconstruct the record of the trial was futile. See L.I.B. v. State, 811 So. 2d 748, 748 (Fla. 2d DCA 2002)(holding that “[t]he granting of a new trial is a proper remedy when an adequate record cannot be prepared” through no fault of the defendant); Blasco v. State, 680 So. 2d 1052, 1052-53 (Fla. 3d DCA 1996)(holding that defendant’s convictions must be reversed and the cause remanded for a new trial when the “court reporter’s stenographic notes of the State’s rebuttal witnesses were lost, and the reconstructed record is insufficient to provide meaningful appellate review”). Accordingly, we reverse the judgment and sentence and remand for a new trial.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Blasco v. State, 680 So. 2d 1052 (Fla. 3d DCA 1996)
- L.I.B. v. State, 811 So. 2d 748 (Fla. 2d DCA 2002)