D.H. v. State

District Court of Appeal of Florida

D.H. v. State

682 So. 2d 1195, 1996 Fla. App. LEXIS 11959, 1996 WL 656156

District Court of Appeal of Florida·Decided November 13, 1996·No. No. 96-1637·Published

Opinion

PER CURIAM.

No recording of the trial in this juvenile ease is available because of an apparent malfunction in the recording equipment. On appellant’s motion, jurisdiction was relinquished to the trial court for the purpose of reconstructing the record on appeal, but the trial court has entered an order indicating that the record cannot be reconstructed. Appellant moves to vacate his conviction, and the state concedes that remand for a new trial is the appropriate remedy under these circumstances. See, e.g., J.W. v. State, 667 So.2d 207 (Fla. 1st DCA 1995). Accordingly, we REVERSE and REMAND for a new trial.

MINER, WEBSTER and LAWRENCE, JJ., concur.

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PER CURIAM.

No recording of the trial in this juvenile ease is available because of an apparent malfunction in the recording equipment. On appellant’s motion, jurisdiction was relinquished to the trial court for the purpose of reconstructing the record on appeal, but the trial court has entered an order indicating that the record cannot be reconstructed. Appellant moves to vacate his conviction, and the state concedes that remand for a new trial is the appropriate remedy under these circumstances. See, e.g., J.W. v. State, 667 So.2d 207 (Fla. 1st DCA 1995). Accordingly, we REVERSE and REMAND for a new trial.

MINER, WEBSTER and LAWRENCE, JJ., concur.

D.H. v. State, 682 So. 2d 1195, 1996 Fla. App. LEXIS 11959, 1996 WL 656156 (Fla. Ct. App. 1996).

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