Smith v. State

¶1On January 6, 1976, this court rendered its opinion1 which relinquished jurisdiction to the trial court “with directions that it direct the court reporter to forthwith transcribe the [trial] proceedings.”

¶2By an instrument entitled “Response to Order of Appellate Court”, the trial court has advised “that it is impossible to furnish such a transcript as evidenced by the affidavit of the court reporter, which is attached to this response.” The referenced affidavit explains the circumstances in which a deputy court reporter, who is now living in another state and is employed in a non-court capacity, destroyed her shorthand notes of the trial.

¶3This indigent appellant having been denied a full appellate review of trial counsel’s assignments of error set out in our prior opinion, the judgment of conviction is reversed with directions that a new trial be granted.

¶4REVERSED.