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816 So. 2d 1269

Docket No. 3D01-3332.

AB v. State

A.B., a juvenile, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 2002-06-12

Cited by 3 later decisions — most recently December 2011

3 state decisions

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

Good law ✅— No negative treatment on recordhow we know

Decided 2002-06-12

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¶1Bennett H. Brummer, Public Defender, and Marti Rothenberg, Assistant Public Defender, for appellant.

¶2Robert A. Butterworth, Attorney General, and Fredericka Sands, Assistant Attorney General, for appellee.

¶3*1270 Before SCHWARTZ, C.J., and COPE and FLETCHER, JJ.

¶4

Confession of Error

¶5PER CURIAM.

¶6A.B. appeals an order entered after bench trial which found him guilty, withheld adjudication, and placed him on community control. After diligent search, the court reporter has been unable to locate the C.D. disk recording of the trial, and the parties have been unable to reconstruct the record in a manner which would allow appellate review. Under the circumstances, the State concedes that a new trial must be ordered. Delap v. State,350 So.2d 462, 463 (Fla.1977); Fairell v. State,662 So.2d 428 (Fla. 3d DCA 1995); Jackson v. State,308 So.2d 600 (Fla. 3d DCA 1975).

¶7Reversed and remanded for a new trial.

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