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Florida District Courts of Appeal, 2004

Blackburn v. State

Blackburn v. State
Florida District Courts of Appeal · Decided December 3, 2004 · Griffin, Monaco, Sharp
888 So. 2d 149; 2004 Fla. App. LEXIS 18302; 2004 WL 2776227 (Southern Reporter, Second Series)

Blackburn v. State

Opinion of the Court

PER CURIAM.

ON MOTION FOR NEW TRIAL

In this case the appellant entered a plea to criminal charges and reserved his right to appeal the denial of his motion to suppress. Because the parties agree that a transcript of the hearing on the motion to suppress is unobtainable and in all likelihood cannot be accurately reconstructed, through no fault of the Appellant, the appellant is entitled to withdraw his plea and proceed with a new suppression hearing. See Green v. State, 855 So.2d 687 (Fla. 2d DCA 2003).

REVERSED and REMANDED.

SHARP, W., GRIFFIN and MONACO, JJ., concur.

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