LEMUEL DEAN BURNETTE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The Florida Supreme Court remanded the case because the appellate record was incomplete, preventing the court from fulfilling its statutory duty to review evidence in death penalty cases. The court required the full trial transcript to be filed.
No, the Florida Supreme Court cannot fulfill its statutory obligation to review the evidence in a death penalty appeal when the appellate record is incomplete.
“Upon an appeal from the judgment by a defendant who has been sentenced to death the appellate court shall review the evidence to determine if the interests of justice require a new trial, whether the insufficiency of the evidence is a ground of appeal or not.”
This quote establishes the mandatory duty of the appellate court in death penalty cases.
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Join FLexlaw to unlock all legal intelligenceThe defendant was sentenced to death, and an appeal was filed. However, the appellate record submitted to the Florida Supreme Court contained only a f…
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Section 924.32, Florida Statutes 1961, F.S.A. provides: “ * * * Upon an appeal from the judgment by a defendant who has been sentenced to death the appellate court shall review the evidence to determine if the interests of justice require a new trial, whether the insufficiency of the evidence is a ground of appeal or not.” Florida Appellate Rules 1962 Revision, Rule 6.16, subd. b, 31 F.S.A., contains an identical provision. An examination of the record before us in this appeal from a judgment imposing the sentence of death upon the defendant reveals that only a few pages of the transcript of the proceedings which took place in the trial of this cause are included. We are, therefore, unable on this record to discharge the duties and responsibilities imposed upon us by the laws of this State and required of us by our own rules. Thereupon, it is,
ORDERED that the Clerk of the Circuit Court for Charlotte County be and he is hereby directed to file forthwith in this Court the original or a certified copy of all the proceedings which transpired in the trial of this cause in Charlotte County, Florida, including the instructions to the jury.
It is so ordered.
ROBERTS, C. J., and TERRELL, THOMAS, DREW, THORNAL, O’CON-NELL and CALDWELL, JJ., concur.
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Singleton v. State, 183 So. 2d 245 (Fla. 2d DCA 1966)…Dorner, 159 Fla. 366, 31 So. 2d 409; Mitchell v. Mason, 79 Fla. 140, 83 So. 869; Ray v. Trice, 48 Fla. 297, 37 So. 582; Acree v. State, 111 Fla. 494, 149 So. 576, 150 So. 717; Brain v. State, 91 Fla. 1026, 109 So. 804; Burnette v. State, Fla. 1963, 151 So. 2d 9. Specific authority is contained in the Florida Appellate Rules, 31 F.S.A., both under PART III, covering “Proceedings Generally” and in PART VI covering “Criminal Appeals.” Under “Proceedings Generally,” Rule 3.6, subd. I reads as follows : “Corr…
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Lemuel Dean Burnette v. State, 157 So. 2d 65 (Fla. 1963)