Fairell v. State

Larry Tyrone FAIRELL, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided November 8, 1995.

District Court of Appeal of Florida · decided 1995-11-08

Relies on 350 So. 2d 462 - Delap v. State · Jackson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1995-11-08

How this case has been cited

Cited by 12 later decisions — most recently October 2010

12 state decisions

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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¶1Bennett H. Brummer, Public Defender, and Donald Tunage, Special Assistant Public Defender, and Suzanne Froix, Assistant Public Defender, for appellant.

¶2Robert A. Butterworth, Attorney General, and Mark C. Katzef, Assistant Attorney General, for appellee.

¶3Before BARKDULL, BASKIN and GODERICH, JJ.

¶4PER CURIAM.

¶5We set aside the judgment and conviction under review and remand the cause to the trial court to conduct a new trial.

¶6The court reporter has certified that her notes from defendant's trial are lost and a transcript cannot be prepared; the assistant public defender representing defendant is unable to recall the events in a meaningful manner sufficient to reconstruct the proceedings. These circumstances require that the cause be remanded for a new trial. Delap v. State,350 So.2d 462 (Fla. 1977); Jackson v. State,308 So.2d 600 (Fla. 3d DCA 1975).

¶7Remanded for new trial.