ELDRED LEWIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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An incomplete appellate record prevents the required independent review, necessitating reversal of the conviction and sentence.
Eldred Lewis was convicted of robbery and appealed. His public defender filed an Anders brief, but the appellate court found the record insufficient. …
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PER CURIAM.
We deny the state’s motion for rehearing, but withdraw our original opinion and substitute the following revised opinion.
Eldred Lewis was convicted of robbery following a jury trial and was sentenced to a thirty-year prison term. He timely appealed his conviction and sentence. The public defender filed both a motion to withdraw and a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), asserting that there were no arguable issues for appeal. We found the record on appeal to be insufficient to allow the type of independent appellate review required by In re Anders Briefs, 581 So. 2d 149 (Fla.1991), and on February 10, 2000, we ordered the record supplemented with the missing transcripts and pleadings.
After entering numerous additional orders to supplement the record, several crucial transcripts remained missing. This court relinquished jurisdiction to the circuit court on January 24, 2001, for the purpose of conducting a proceeding to determine whether a complete record could be either obtained or reconstructed. A supplemental record was filed, but the record on appeal remains incomplete.
Without the missing transcript, this court cannot fulfill its obligation to conduct a complete and independent review of the record as required by Anders. See Delap v. State, 350 So. 2d 462 (Fla.1977)(missing portions of the record prevented the supreme court from conducting the complete review required in death penalty cases). We reverse Lewis’ conviction and sentence. Since the transcript of the hearing on Lewis’ pretrial motion to suppress is incomplete, the circuit court must also conduct a new hearing on that motion.
FARMER, TAYLOR and HAZOURI, JJ., concur.
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Citator
Cited By
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Eldred Lewis v. State, 848 So. 2d 1158 (Fla. 4th DCA 2003)…Appellant has filed a motion for rehearing of our decision of December 26, 2002, which we deny. The state has filed a motion for clarification requesting the withdrawal of the prior opinion issued on November 14, 2001, and cited as Lewis v. State, 798 So. 2d 918 (Fla. 4th DCA 2001). This court recalled the mandate on July 2, 2002, but inadvertently failed to withdraw the prior opinion. Appellant’s appeal was affirmed without opinion on December 26, 2002. To correct this oversight we hereby grant the state’s…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- In re App. Court Response to Anders Briefs, 581 So. 2d 149 (Fla. 1991)
- Delap v. State, 350 So. 2d 462 (Fla. 1977)