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292 So. 2d 410

Fernandez v. State

District Court of Appeal of Florida

Decided January 23, 1974

District Court of Appeal of Florida · decided 1974-01-23

Relies on Simmons v. State · 267 So. 2d 836 - Yancey v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1974-01-23

How this case has been cited

Cited by 7 later decisions — most recently August 2010

7 state decisions

3019741980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1Judgment and conviction in this cause must be reversed because the trial court has certified that due to the death of the court reporter who took the testimony, and the inability of counsel and the trial court to reconstruct a record, the Clerk is unable to prepare the necessary record that would be needed in order to review the errors assigned.

¶2Therefore, the appellant be and he is hereby granted a new trial, pursuant to the authority of Simmons v. State, Fla.App. 1967, 200 So.2d 619; Yancey v. State, Fla. App.1972, 267 So.2d 836.

¶3Reversed and remanded with directions.

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