677 So. 2d 861

S.D., a child, Appellant, v. STATE of Florida, Appellee.

No. 95-1535.

District Court of Appeal of Florida, First District.

Dec. 19, 1995.

Nancy A. Daniels, Public Defender, and Kathleen Stover, Assistant Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Attorney General, and James W. Rogers, Senior Assistant Attorney General, Tallahassee, for appellee.

PER CURIAM.

No recording of the trial in this case is available because of a malfunction in the recording equipment. The trial court has entered an order finding that the parties are unable to agree on the events at trial and certifies that the record cannot be reconstructed. Appellant moves to vacate his conviction. The state concedes that remand for a new trial is the appropriate remedy.

The granting of a new trial is the proper remedy when an adequate record cannot be prepared. Delap v. State, 350 So.2d 462 (Fla.1977). This principle has been deemed applicable to juvenile cases. M.R.G. v. State, 576 So.2d 1378 (Fla. 2d DCA 1991). Accordingly, we REVERSE and REMAND for a new trial.

ERVIN, BOOTH and WEBSTER, JJ., concur.

S.D. v. State
677 So. 2d 861

Case Details

Name
S.D. v. State
Decision Date
Dec 19, 1995
Citations

677 So. 2d 861

Jurisdiction
Florida

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