Hernandez v. State
Hernandez v. State
824 So. 2d 997; 2002 Fla. App. LEXIS 12411; 2002 WL 1972121
(Southern Reporter, Second Series)
Hernandez v. State
Opinion of the Court
ON MOTION FOR NEW TRIAL
As the trial court has certified after unsuccessful efforts to re-establish the record under Florida Rule of Appellate Procedure 9.200(b)(4), and as the state agrees, material omissions in the transcript of testimony make meaningful appellate review of the trial below impossible. Accordingly, the defendant’s motion for new trial is granted. See Delap v. State, 350 So.2d 462 (Fla. 1977); Murphy v. State, 789 So.2d 1235, 1236 (Fla. 3d DCA 2001), and cases cited. The conviction and sentence below are reversed and the cause remanded for a new trial.
Motion granted.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.