Fernandez v. State

District Court of Appeal of Florida

Fernandez v. State

292 So. 2d 410

District Court of Appeal of Florida·Decided January 23, 1974·No. No. 73-1359·Published·Cited by 3 cases

Opinion

PER CURIAM.

Judgment and conviction in this cause must be reversed because the trial court has certified that due to the death of the court reporter who took the testimony, and the inability of counsel and the trial court to reconstruct a record, the Clerk is unable to prepare the necessary record that would be needed in order to review the errors assigned.

Therefore, the appellant be and he is hereby granted a new trial, pursuant to the authority of Simmons v. State, Fla.App. 1967, 200 So.2d 619; Yancey v. State, Fla. App.1972, 267 So.2d 836.

Reversed and remanded with directions.

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PER CURIAM.

Judgment and conviction in this cause must be reversed because the trial court has certified that due to the death of the court reporter who took the testimony, and the inability of counsel and the trial court to reconstruct a record, the Clerk is unable to prepare the necessary record that would be needed in order to review the errors assigned.

Therefore, the appellant be and he is hereby granted a new trial, pursuant to the authority of Simmons v. State, Fla.App. 1967, 200 So.2d 619; Yancey v. State, Fla. App.1972, 267 So.2d 836.

Reversed and remanded with directions.

Fernandez v. State, 292 So. 2d 410 (Fla. Ct. App. 1974).

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Opinion

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