LEMELLE T. CONKELL, PETITIONER,

v.

CITY OF MILTON, RESPONDENT

Citator

Cited By

• Steel v. State, 684 So. 2d 290 (Fla. 4th DCA 1996)
  …PARIENTE, Judge. This is an appeal from a second summary denial of defendant’s motion for relief under Florida Rule of Criminal Procedure 3.850. In Steel v. State, 662 So. 2d 1034 (Fla. 4th DCA 1995), we reversed the trial court’s summary denial and remanded for either an evidentiary hearing or attachment of those parts of the record showing that defendant is not entitled to relief. Because the record attachments to the trial…
• Berube v. State, 771 So. 2d 1263 (Fla. 2d DCA 2000)
  …ee Fla. RApp. P. 9.200(f); Hamilton v. State, 573 So. 2d 109 (Fla. 4th DCA 1991); Lipman v. State, 428 So. 2d 733 (Fla. 1st DCA 1983). Where, as here, the parties are unable to reconstruct the record, a new hearing must be held. See H.C.T. v. State, 662 So. 2d 1034 (Fla. 1st DCA 1995). Accordingly, we vacate Berube’s plea, reverse his conviction and remand to the trial court for further pro [*1264] ceedings, including a new hearing on the motion to dismiss. Reversed and remanded.. PARKER, A.C.J., and CASAN…