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S.D. v. State

District Court of Appeal of Florida, First District
Dec 19, 1995
677 So. 2d 861 (Fla. Dist. Ct. App. 1995)

Opinion

No. 95-1535.

December 19, 1995.

Appeal from the Circuit Court, Leon County, Charles D. McClure, J.

Nancy A. Daniels, Public Defender, and Kathleen Stover, Assistant Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Attorney General, and James W. Rogers, Senior Assistant Attorney General, Tallahassee, for appellee.


No recording of the trial in this case is available because of a malfunction in the recording equipment. The trial court has entered an order finding that the parties are unable to agree on the events at trial and certifies that the record cannot be reconstructed. Appellant moves to vacate his conviction. The state concedes that remand for a new trial is the appropriate remedy.

The granting of a new trial is the proper remedy when an adequate record cannot be prepared. Delap v. State, 350 So.2d 462 (Fla. 1977). This principle has been deemed applicable to juvenile cases. M.R.G. v. State, 576 So.2d 1378 (Fla. 2d DCA 1991). Accordingly, we REVERSE and REMAND for a new trial.

ERVIN, BOOTH and WEBSTER, JJ., concur.


Summaries of

S.D. v. State

District Court of Appeal of Florida, First District
Dec 19, 1995
677 So. 2d 861 (Fla. Dist. Ct. App. 1995)
Case details for

S.D. v. State

Case Details

Full title:S.D., A CHILD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Dec 19, 1995

Citations

677 So. 2d 861 (Fla. Dist. Ct. App. 1995)

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