H.C.T. v. State

District Court of Appeal of Florida

H.C.T. v. State

662 So. 2d 1034, 1995 Fla. App. LEXIS 12179, 1995 WL 689365

CourtDistrict Court of Appeal of Florida

DecidedNovember 21, 1995

DocketNo. 95-1101

StatusPublished

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This text of 662 So. 2d 1034 (H.C.T. 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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H.C.T. v. State, 662 So. 2d 1034, 1995 Fla. App. LEXIS 12179, 1995 WL 689365 (Fla. Ct. App. 1995).

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Opinion

PER. CURIAM.

A complete transcript of the trial in this juvenile proceeding is unavailable because of a malfunction in the recording equipment utilized by the trial court. This court previously relinquished jurisdiction to allow the parties to attempt to reconstruct the record, and the trial court has entered an order finding that the parties and the court have no recollection of the trial sufficient to successfully do so. Appellant therefore moves to vacate his conviction, and the state has not timely indicated any opposition to this requested relief.

The granting of a new trial is the proper remedy when an adequate record cannot be prepared, and this principle has been deemed applicable to juvenile cases. See J.W. v. State, 20 Fla.L.Weekly D1716, — So.2d - [1995 WL 437264] (Fla. 1st DCA July 26, 1995). Accordingly, we REVERSE and REMAND for a new trial.

JOANOS, MICKLE and VAN NORTWICK, JJ., concur.

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PER. CURIAM.

A complete transcript of the trial in this juvenile proceeding is unavailable because of a malfunction in the recording equipment utilized by the trial court. This court previously relinquished jurisdiction to allow the parties to attempt to reconstruct the record, and the trial court has entered an order finding that the parties and the court have no recollection of the trial sufficient to successfully do so. Appellant therefore moves to vacate his conviction, and the state has not timely indicated any opposition to this requested relief.

The granting of a new trial is the proper remedy when an adequate record cannot be prepared, and this principle has been deemed applicable to juvenile cases. See J.W. v. State, 20 Fla.L.Weekly D1716, — So.2d - [1995 WL 437264] (Fla. 1st DCA July 26, 1995). Accordingly, we REVERSE and REMAND for a new trial.

JOANOS, MICKLE and VAN NORTWICK, JJ., concur.

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662 So. 2d 1034, 1995 Fla. App. LEXIS 12179, 1995 WL 689365, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hct-v-state-fladistctapp-1995.

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