Florida District Courts of Appeal, 1999

Bogdanowicz v. State

Bogdanowicz v. State
Florida District Courts of Appeal · Decided October 29, 1999 · Blue, Northcutt, Stringer
744 So. 2d 1155; 1999 Fla. App. LEXIS 14308; 1999 WL 980632 (Southern Reporter, Second Series)

Bogdanowicz v. State

Opinion of the Court

PER CURIAM.

Joseph Thomas Bogdanowicz appeals the denial of his dispositive motion to suppress cocaine and other items seized by law enforcement officers. The court reporter has certified that the notes for the transcript of the hearing on Bogdanowicz’s motion to suppress are lost; Bogdanow-icz’s trial counsel has certified that he cannot recall events at the hearing in a meaningful manner sufficient to reconstruct the proceedings. As the State concedes, under these circumstances, we must set aside the judgment of conviction and sentence entered against Bogdanowicz and remand this case to the trial court for further proceedings. See, e.g., Delap v. State, 350 So.2d 462 (Fla. 1977); Fairell v. State, 662 So.2d 428 (Fla. 3d DCA 1995).

Reversed and remanded.

BLUE, A.C.J., and NORTHCUTT and STRINGER, JJ., Concur.

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