Friday, August 21, 2009

Conviction Reversed Due To Court Reporter's Equipment Failure

In Johnson v. State (2D08-809), the Second District reversed the "judgment and sentences for trafficking in cocaine and conspiracy to traffic in cocaine." The court reporter was unable to provide a record of the trial due to equipment failure. Therefore, the court stated: "Having now reviewed and reconsidered the various motions, responses, orders, and status reports that have been filed in an attempt to reconstruct the record, this court concludes that reconstruction of an adequate record for meaningful appellate review is not possible. See Green v. State, 855 So. 2d 687 (Fla. 2d DCA 2003); Berube v. State, 771 So. 2d 1263 (Fla. 2d DCA 2000); Thomas v. State, 828 So. 2d 456 (Fla. 4th DCA 2002)."


Post a Comment