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M.N.D. v. State

District Court of Appeal of Florida, Fifth District
Dec 3, 2004
888 So. 2d 151 (Fla. Dist. Ct. App. 2004)

Opinion

No. 5D04-778.

December 3, 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 Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee.


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.

PLEUS, ORFINGER and TORPY, JJ., concur.


Summaries of

M.N.D. v. State

District Court of Appeal of Florida, Fifth District
Dec 3, 2004
888 So. 2d 151 (Fla. Dist. Ct. App. 2004)
Case details for

M.N.D. v. State

Case Details

Full title:M.N.D., a Child, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Dec 3, 2004

Citations

888 So. 2d 151 (Fla. Dist. Ct. App. 2004)