V.T.Z. v. State

Full title: V.T.Z., A CHILD, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Jun 19, 2002

819 So. 2d 914 (Fla. Dist. Ct. App. 2002)

Opinion

No. 3D01-543.

June 19, 2002.

An Appeal from the Circuit Court for Dade County, William Johnson, Judge.

Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Thomas C. Mielke, Assistant Attorney General, for appellee.

Before JORGENSON, COPE, and LEVY, JJ.

PER CURIAM.

Respondent appeals from an adjudication of delinquency on the charges of grand theft and burglary of an unoccupied conveyance.

Based upon the State's proper and commendable confession of error, we vacate the adjudication and sentence and remand for a new trial. See Murphy v. State, 789 So.2d 1235, 1236 (Fla. 3d DCA 2001) (holding that where transcript of trial "contains irremediable and substantial omissions and obvious and egregious error in the portions which do exist," new trial is required "in the interest of justice and due process.").

Vacated and remanded.