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Jackson v. State

District Court of Appeal of Florida, Second District
Aug 6, 2003
851 So. 2d 837 (Fla. Dist. Ct. App. 2003)

Summary

determining that the absence of a sentencing hearing transcript and the inability of the parties or the court to reconstruct the record required reversal and remand for resentencing

Summary of this case from Terry v. State

Opinion

Case No. 2D01-4661.

Opinion filed August 6, 2003.

Appeal from the Circuit Court for Lee County; R. Thomas Corbin, Judge.

James Marion Moorman, Public Defender, and Andrea Norgard, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Jenny Scavino Sieg, Assistant Attorney General, Tampa, for Appellee.


Christopher Jay Jackson appeals a judgment for aggravated battery and the fifteen-year prison releasee reoffender sentence he received for the crime. Mr. Jackson has raised no issues regarding his conviction, and we therefore affirm the conviction. As to the sentence imposed, Mr. Jackson argues, and the State concedes, that the absence of a sentencing hearing transcript and the inability of the parties or the court to reconstruct the record require us to reverse the sentence and remand for resentencing. See Delap v. State, 350 So.2d 462 (Fla. 1977).

Affirmed in part, reversed in part, and remanded.

CANADY and WALLACE, JJ., Concur.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED


Summaries of

Jackson v. State

District Court of Appeal of Florida, Second District
Aug 6, 2003
851 So. 2d 837 (Fla. Dist. Ct. App. 2003)

determining that the absence of a sentencing hearing transcript and the inability of the parties or the court to reconstruct the record required reversal and remand for resentencing

Summary of this case from Terry v. State

missing a sentencing hearing transcript

Summary of this case from T.J.A. v. State
Case details for

Jackson v. State

Case Details

Full title:CHRISTOPHER JAY JACKSON, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Aug 6, 2003

Citations

851 So. 2d 837 (Fla. Dist. Ct. App. 2003)

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T.J.A. v. State

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Terry v. State

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