GARY JACKSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
HAZOURI, J.
Gary Jackson appeals from his judgments of convictions and sentences for carjacking and armed burglary of a conveyance and has filed a motion for a new trial based upon his assertion that there is a lack of a complete trial transcript of the proceedings below. This court relinquished jurisdiction so that the trial court could determine whether there could be a reconstruction of the record below. On May 28, 2008, the trial court entered an order wherein it found that the record on appeal is devoid of the trial testimony as well as the arguments of counsel and the parties agreed reconstruction of the record could not be successfully completed.
The law is well established that a defendant who has exercised the right to appeal is entitled to a full appellate record, including a full transcript of the trial. See Delap v. State, 350 So. 2d 462 (Fla.1977). Since the full transcript of the proceedings requested by the defendant is unavailable for review by this court, and since the omitted requested portions of the transcripts are necessary for a complete review of this cause, we reverse and remand for a new trial.
Reversed and Remanded.
FARMER and MAY, JJ., concur.
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L.R.N. a Child v. State, 142 So. 3d 983 (Fla. 4th DCA 2014)…PER CURIAM. The State concedes that this matter must be reversed and remanded for a new trial/probation violation hearing because necessary parts of the transcript could not be reconstructed. Jackson v. State, 984 So. 2d 668, 669 (Fla. 4th DCA 2008); Thomas v. State, 828 So. 2d 456, 457 (Fla. 4th DCA 2002). We accept the concession of error and reverse and remand for further proceedings. Reversed and remanded. TAYLOR, LEVINE and FORST, JJ., concur.…
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Jackson v. State, 193 So. 3d 1 (Fla. 4th DCA 2014)…1996). Affirmed. WARNER, STEVENSON and MAY, JJ., concur. . On the first direct appeal, the trial transcript was incomplete and could not be adequately reconstructed. As a result, this court reversed and remanded for a new trial. Jackson v. State, 984 So. 2d 668, 669 (Fla. 4th DCA 2008).…
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Authorities Cited
- Delap v. State, 350 So. 2d 462 (Fla. 1977)