CARL SAMUEL SWAIN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Carl Samuel Swain appeals his convictions of burglary with assault, battery, and violation of a restraining order (for protection against domestic violence). We vacate the convictions and remand for a new trial.
Following his convictions below, Swain filed a timely notice of appeal in which he specifically requested the jury voir dire portion of his trial transcript. The transcript received by Swain did not contain the voir dire portion of the proceedings. A hearing revealed that the voir dire portion of the transcript was lost and both parties stipulated that this portion of the transcript could not be reconstructed. Following Rosier v. State, 669 So. 2d 353 (Fla. 3d DCA 1996), Swain is entitled to reversal of his convictions and a new trial. The State has conceded error. We hereby order a new trial.
Reversed and remanded.
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Citator
Cited By
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Aniel Vilsaint v. State, 890 So. 2d 1293 (Fla. 3d DCA 2005)…1269 (Fla. 3d DCA 2002); Murphy v. State, 789 So. 2d 1235 (Fla. 3d DCA 2001); Jones v. State, 780 So. 2d 218 (Fla. 2d DCA 2001); Roberts v. State, 766 So. 2d 443 (Fla. 4th DCA 2000); Hunt v. State, 719 So. 2d 394 (Fla. 3d DCA 1998); Swain v. State, 701 So. 2d 675 (Fla. 3d DCA 1997); Rozier v. State, 669 So. 2d 353 (Fla. 3d DCA 1996); Blasco v. State, 680 So. 2d 1052 (Fla. 3d DCA 1996); Fairell v. State, 662 So. 2d 428 (Fla. 3d DCA 1995). Vilsaint’s conviction is, therefore, reversed and this matter is rema…
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Octavio Arnulfo Hernandez v. State, 838 So. 2d 683 (Fla. 3d DCA 2003)…, 350 So. 2d 462, 463 (Fla.1977)(holding that where portions of the trial transcripts are unavailable, can not be reconstructed, and are necessary for a complete appellate review, a motion for a new trial should be granted); see also Swain v. State, 701 So. 2d 675 (Fla. 3d DCA 1997)(granting new trial where voir dire transcript could not be recovered); Blasco v. State, 680 So. 2d 1052 (Fla. 3d DCA 1996)(same); Rozier v. State 669 So. 2d 353 (Fla. 3d DCA 1996)(same). Reversed and remanded for a new trial.…
Authorities Cited
- Rozier v. State, 669 So. 2d 353 (Fla. 3d DCA 1996)