Blackburn v. State
888 So. 2d 149, 2004 Fla. App. LEXIS 18302, 2004 WL 2776227
Opinion
ON MOTION FOR NEW TRIAL
In this case the appellant entered a plea to criminal charges and reserved his right to appeal the denial of his motion to suppress. Because the parties agree that a transcript of the hearing on the motion to suppress is unobtainable and in all likelihood cannot be accurately reconstructed, through no fault of the Appellant, the appellant is entitled to withdraw his plea and proceed with a new suppression hearing. See Green v. State, 855 So.2d 687 (Fla. 2d DCA 2003).
REVERSED and REMANDED.
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Blackburn v. State, 888 So. 2d 149, 2004 Fla. App. LEXIS 18302, 2004 WL 2776227 (Fla. Ct. App. 2004).
888 So. 2d 149 (Blackburn v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Green v. State
855 So. 2d 687 (District Court of Appeal of Florida, 2003)