County Criminal Court: APPELLATE PROCEDURE – Record – Since electronic recording system was not properly engaged, there is no transcript of the proceedings available. Therefore, the defendant is entitled to a new trial because the matters raised in the appeal are unable to be resolved without reference to the transcript of the proceedings. Judgment and sentence reversed. Tadlock v. State, No. CRC 04-7 APANO, (Fla. 6th Cir.App.Ct. July 7, 2005).

 

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

OF THE STATE OF FLORIDA IN AND FOR PINELLAS COUNTY

 

 

CARI ANN TADLOCK

 

            Appellant,

 

Appeal No. CRC 04-7 APANO

UCN522004AP000007XXXXCR

v.

 

STATE OF FLORIDA

 

            Appellee.

__________________________/

 

 

Opinion filed _________________.

 

Appeal from judgment and sentence

entered by the Pinellas County Court

County Judge Karl Grube

 

Steven Loewenthal, Esq.

Attorney for appellant

 

Erin Wolfe, Esq.

Assistant State Attorney

 

ORDER AND OPINION

 

            THIS MATTER is before the Court on Cari Tadlock’s appeal from a judgment and sentence entered by the Pinellas County Court. There is no transcript of the proceedings in the trial court because the temporary electronic recording system that was in use at the time was not properly engaged. Although this Court relinquished jurisdiction and gave the parties ample time to reconstruct the record, the parties have been unable to provide a record. The record in this case is important because the appellant claims that the evidence was insufficient to support her conviction. The remedy in this criminal case is a new trial. See Hagan v. State, 853 So.2d 595 (Fla. 5th DCA 2003); McKenzie v. State, 754 So.2d 851 (Fla. 2d DCA 2000). The State’s response is based entirely upon citation to case law in a civil context. It is not applicable to this criminal proceeding.

            IT IS THEREFORE ORDERED that the judgment and sentence are reversed, and this matter is remanded to the trial court for a new trial.

            DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida this _____ day of June, 2005.

 

 

                                                                                    _________________________

                                                                                                Nancy Moate Ley

                                                                                                Circuit Judge

 

 

 

 

                                                                                    __________________________

                                                                                                R. Timothy Peters

                                                                                                Circuit Judge

 

 

                                                                       

                                                                                    ___________________________

                                                                                                John A. Schaefer

                                                                                                Circuit Judge

 

cc:   State Attorney

 

        Steven Loewehthal, Esq.

 

        Judge Karl Grube