Bogdanowicz v. State

District Court of Appeal of Florida

Bogdanowicz v. State

744 So. 2d 1155, 1999 Fla. App. LEXIS 14308, 1999 WL 980632

CourtDistrict Court of Appeal of Florida

DecidedOctober 29, 1999

DocketNo. 98-02954

StatusPublished

Cited by1 cases

This text of 744 So. 2d 1155 (Bogdanowicz v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bogdanowicz v. State, 744 So. 2d 1155, 1999 Fla. App. LEXIS 14308, 1999 WL 980632 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

Joseph Thomas Bogdanowicz appeals the denial of his dispositive motion to suppress cocaine and other items seized by law enforcement officers. The court reporter has certified that the notes for the transcript of the hearing on Bogdanowicz’s motion to suppress are lost; Bogdanow-icz’s trial counsel has certified that he cannot recall events at the hearing in a meaningful manner sufficient to reconstruct the proceedings. As the State concedes, under these circumstances, we must set aside the judgment of conviction and sentence entered against Bogdanowicz and remand this case to the trial court for further proceedings. See, e.g., Delap v. State, 350 So.2d 462 (Fla.1977); Fairell v. State, 662 So.2d 428 (Fla. 3d DCA 1995).

Reversed and remanded.

BLUE, A.C.J., and NORTHCUTT and STRINGER, JJ., Concur.

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PER CURIAM.

Joseph Thomas Bogdanowicz appeals the denial of his dispositive motion to suppress cocaine and other items seized by law enforcement officers. The court reporter has certified that the notes for the transcript of the hearing on Bogdanowicz’s motion to suppress are lost; Bogdanow-icz’s trial counsel has certified that he cannot recall events at the hearing in a meaningful manner sufficient to reconstruct the proceedings. As the State concedes, under these circumstances, we must set aside the judgment of conviction and sentence entered against Bogdanowicz and remand this case to the trial court for further proceedings. See, e.g., Delap v. State, 350 So.2d 462 (Fla.1977); Fairell v. State, 662 So.2d 428 (Fla. 3d DCA 1995).

Reversed and remanded.

BLUE, A.C.J., and NORTHCUTT and STRINGER, JJ., Concur.

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744 So. 2d 1155, 1999 Fla. App. LEXIS 14308, 1999 WL 980632, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bogdanowicz-v-state-fladistctapp-1999.

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