D.L.C. v. State

Full title: D.L.C., a Child, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Dec 23, 2004

889 So. 2d 1003 (Fla. Dist. Ct. App. 2004)

Opinion

No. 5D04-1503.

December 23, 2004.

Appeal from the Circuit Court for Marion County. Carven D. Angel, Judge.

James B. Gibson, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, For Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

ON MOTION FOR NEW TRIAL

We relinquished jurisdiction to the trial court for reconstruction of the record. The State agrees that reconstruction of the Appellant's adjudicatory hearing cannot be accomplished and concedes that the proper remedy is to vacate the trial court's order and remand this case for a new hearing. We therefore, reverse and remand this case for a new adjudicatory hearing. See In the Interest of K.R. and I.R., 818 So.2d 719 (Fla. 2d DCA 2002).

REVERSED and REMANDED.

SAWAYA, C.J., SHARP, W., and PLEUS, JJ., concur.