JOHN BASIL ROBINSON
v.
STATE OF FLORIDA
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A defendant is entitled to a full transcript of his jury trial for appellate review, and when the trial record cannot be reconstructed due to technical failure, reversal and remand for a new trial is required.
[1] A defendant appealing his conviction has the right to a complete and accurate transcript of the trial proceedings, and when the trial record is lost or destroyed and cann…
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Court's statement of the applicable legal rule governing trial record transcripts
Robinson was convicted after a jury trial in Broward County circuit court. Due to a malfunctioning memory device, no stenography notes or audio files …
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PER CURIAM.
Appellant filed a notice of appeal with respect to his judgment of conviction and sentence. Due to a malfunctioning of the memory device that held the files from Appellant’s jury trial, no stenography notes or audio files of the trial exist. The court below attempted to reconstruct the trial record, but was unable to do so. Thus, Appellant was unable to receive a transcript of his jury trial. The State concedes, and we agree, that Appellant is entitled to a full transcript containing appealable issues. See 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). Accordingly, we reverse Appellant’s conviction and sentence and remand for a new trial.
Reversed and remanded for new trial. MAY, DAMOORGIAN and KLINGENSMITH, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Hardy v. United States, 375 U.S. 277 (U.S. 1964)
- Smith v. State, 801 So. 2d 198 (Fla. 4th DCA 2001)
- Ader v. State, 814 So. 2d 461 (Fla. 4th DCA 2001)