Summary
missing the transcript of the dispositive motion to suppress
Summary of this case from T.J.A. v. StateOpinion
No. 98-02954.
Opinion filed October 29, 1999.
Appeal from the Circuit Court for Hillsborough County; Jack Espinosa, Jr., Judge.
Gerald A. Perez of Taylor Perez, P.A., Tampa, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Robert J. Krauss, Senior Assistant Attorney General, Tampa, for Appellee.
Joseph Thomas Bogdanowicz appeals the denial of his dispositive motion to suppress cocaine and other items seized by law enforcement officers. The court reporter has certified that the notes for the transcript of the hearing on Bogdanowicz's motion to suppress are lost; Bogdanowicz's trial counsel has certified that he cannot recall events at the hearing in a meaningful manner sufficient to reconstruct the proceedings. As the State concedes, under these circumstances, we must set aside the judgment of conviction and sentence entered against Bogdanowicz and remand this case to the trial court for further proceedings. See, e.g., Delap v. State, 350 So.2d 462 (Fla. 1977); Fairell v. State, 662 So.2d 428 (Fla. 3d DCA 1995).
Reversed and remanded.
BLUE, A.C.J., and NORTHCUTT and STRINGER, JJ., Concur.