LIB v. State
This text of 811 So. 2d 748 (LIB 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.
Opinion
L.I.B., Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Second District.
James Marion Moorman, Public Defender, and Bruce P. Taylor, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Jennifer R. Haymes, Assistant Attorney General, Tampa, for Appellee.
SILBERMAN, Judge.
L.I.B. seeks review of the circuit court order adjudicating him delinquent. It is undisputed that, through no fault of L.I.B., a transcript of the adjudicatory hearing is unavailable and an adequate record cannot be constructed. The granting of a new trial is a proper remedy when an adequate record cannot be prepared. Delap v. State, 350 So.2d 462, 463 (Fla. 1977). This principle has been applied to juvenile cases. M.R.G. v. State, 576 So.2d 1378, 1378 (Fla. 2d DCA 1991); S.D. v. State, 677 So.2d 861, 861 (Fla. 1st DCA 1995). Therefore, we reverse and remand to the circuit court to conduct a de novo adjudicatory hearing.
DAVIS, J., and THREADGILL, EDWARD F., SENIOR JUDGE, Concur.
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811 So. 2d 748, 2002 WL 384504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lib-v-state-fladistctapp-2002.