Feld v. State
Feld v. State
Opinion of the Court
The appellant was convicted of aggravated assault and prosecuted this appeal. During the preparation of the record on appeal, it became apparent that the court reporter had lost some of her notes. Thereafter, the trial court entered an order requiring trial counsel to prepare a narrative of that portion of the transcript not available. That order read in part as follows:
ORDERED that the Assistant State Attorney Timothy Choate and defense counsel for the Defendant herein, Albert L. Carricarte, Esquire, shall, in narrative form, set down their recollection of the testimony and happenings before this Court from the point where the Defendant took the stand in his own behalf; and said counsel shall supply this Court * * with this narrative of said recollections * * * fi
******
The only point urged for reversal of the judgment of conviction under review and the awarding of a new trial is the failure of the narrative statement (approved by the trial judge) to contain evidence as related by the State’s rebuttal witness.
We reject this contention for several reasons: First, if there was error in the preparation of the narrative stipulation, defense counsel
Under the circumstances of this case, we hold that there is an adequate record on appeal and, the appellant having
Affirmed.
. There has been no assertion made herein that defense counsel was vindicative toward the defendant, rendering preparation of a stipulated record impossible. Simmons v. State, 200 So.2d 619 (Fla. 1st DCA 1967).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.