JERRY J. JACKSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
It appearing that the appellant is unable to secure a transcript of the trial testimony from the official court reporter, and that counsel for the respective parties have indicated that after diligent effort they are unable to reconstruct the record, which fact is attested to by the trial judge, it is therefore
Ordered and adjudged that the final judgment of conviction and sentence here under review be and the same is hereby set aside, and the appellant is remanded to the trial court for the purposes of being accorded a new trial. See: Simmons v. State, Fla.App.1967, 200 So. 2d 619; Yancey v. State, Fla.App. 1972, 267 So. 2d 836; Fernandez v. State, Fla.App.1974, 292 So. 2d 410; Dismukes v. State, Fla.App.1974, 299 So. 2d 133.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (18 total)
-
Fairell v. State, 662 So. 2d 428 (Fla. 3d DCA 1995)…resenting defendant is unable to recall the events in a meaningful manner sufficient to reconstruct the proceedings. These circumstances require that the cause be remanded for a new trial. Delap v. State, 350 So. 2d 462 (Fla.1977); Jackson v. State, 308 So. 2d 600 (Fla. 3d DCA 1975). Remanded for new trial.…
-
Rozier v. State, 669 So. 2d 353 (Fla. 3d DCA 1996)…t conclude that the trial minutes do not contain sufficient detail to allow meaningful appellate review. We agree with the recommendation of Judge Klein, and order a new trial. See Fairell v. State, 662 S.2d 428 (Fla. 3d DCA 1995); Jackson v. State, 308 So. 2d 600 (Fla. 3d DCA 1975); see also Delap v. State, 350 So. 2d 462 (Fla.1977). In the event that defendant is convicted upon retrial, we point out that any resentenc-ing must be within the legal maximum. The State concedes that defendant’s twelve-year se…
-
Chisholm v. Chisholm, 538 So. 2d 961 (Fla. 3d DCA 1989)…d 1248 (Fla. 5th DCA 1985). Finally, Copeland is of no help to appellant either. In that case, the appellants “made a conscientious effort to reconstruct the record.” 372 So. 2d at 1150. Appellant here has made no such effort. See Jackson v. State, 308 So. 2d 600 (Fla. 3d DCA 1975) (after “diligent effort” counsel for parties were unable to reconstruct record); Van Scoyoc v. York, 173 So. 2d 483 (Fla. 2d DCA) (counsel for plaintiff “made every reasonable effort” to reconstruct testimony to complete record on…
Previewing 3 of 18 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Elbert Quinton Yancey v. State, 267 So. 2d 836 (Fla. 4th DCA 1972)
- Harris v. Jewett, 200 So. 2d 619 (Fla. 3d DCA 1967)
- Simmons v. State, 200 So. 2d 619 (Fla. 1st DCA 1967)
- Fernandez v. State, 292 So. 2d 410 (Fla. 3d DCA 1974)
- Henley v. City OF Cape Coral, 292 So. 2d 410 (Fla. 2d DCA 1974)
- Harrison v. State, 299 So. 2d 133 (Fla. 2d DCA 1974)