Opinion
No. 88-0738.
May 9, 1990.
Appeal from the Circuit Court for Broward County; Leroy H. Moe, Judge.
Richard L. Jorandby, Public Defender, and Cherry Grant, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellee.
We relinquished jurisdiction to the trial court for a reconstruction of the record. The trial court has certified that such reconstruction cannot be accomplished. We find merit in appellant's argument that without a complete transcript of the trial proceedings, or an adequate reconstruction, appellate review would be futile.
Therefore, we reverse and remand this case for a new trial. See Yancey v. State, 267 So.2d 836 (Fla. 4th DCA 1972); Felton v. State, 523 So.2d 775 (Fla. 3d DCA 1988).
REVERSED and REMANDED.
ANSTEAD, LETTS and DELL, JJ., concur.