Gervin v. State
Gervin v. State
Opinion of the Court
David Leon Gervin (defendant) appeals his judgment and sentence which were entered by the trial court after a jury found him guilty of committing the crime of driving under the influence of alcohol or controlled substances and inflicting serious bodily injury.
The defendant appealed his judgment and sentence contending that the trial court erred in denying his motion for mistrial made during the trial. Our review of the record revealed that the trial transcript did not include either the defendant’s motion for a mistrial or the objec
If a defendant is prejudiced by the absence of a portion of the trial transcript through no fault of his own, and the missing transcript is necessary for a complete review of the case, the defendant is entitled to receive a new trial. Pepitone v. State, 846 So.2d 640 (Fla. 2d DCA 2003). Accord Greer v. S.V.T., Inc., 913 So.2d 1275 (Fla. 5th DCA 2005).
Meaningful appellate review of the trial court’s denial of the defendant’s motion for a mistrial is not possible based on the record provided to us. Therefore, the defendant’s judgment and sentence must be reversed, and this matter remanded for a new trial.
REVERSED and REMANDED.
. See § 316.193(3), Fla. Stat. (2003).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.