03-1585 VARGAS V. STATE

State: Florida

Court: Florida Southern District Court

Docket No: 3d03-1585.mo

Case Date: 12/20/2006

Plaintiff: 03-1585 VARGAS

Defendant: STATE

Preview:NOT FINAL UNTIL TIME EXPIRES
TO FILE REHEARING MOTION
AND, IF FILED, DISPOSED OF.

OSBERTO DEJESUS VARGAS,

Appellant,

vs.

THE STATE OF FLORIDA,

Appellee.

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

THIRD DISTRICT

JULY TERM, A.D. 2006

**

**

**      CASE NO. 3D03-1585

**    LOWER
    TRIBUNAL NO. 96-41198
**

Opinion filed December 13, 2006.

An Appeal from the Circuit Court for Miami-Dade County, Thomas Carney, Judge.

Bennett H. Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Angel L. Fleming, Assistant Attorney General, for appellee.

Before COPE, C.J., and GREEN, J., and SCHWARTZ, Senior Judge.

PER CURIAM.

This case, which at this stage concerns the effect of the unavailability of the jury selection portion of the trial transcript, is before the Court upon remand from the Supreme Court, State v. Vargas, 937 So. 2d 663 (Fla. 2006), for reconsideration of Vargas v. State, 902 So. 2d 166 (Fla. 3d DCA 2004), in light of Jones v. State, 923 So. 2d 486 (Fla. 2006).
As the appellant forthrightly concedes, under the rule announced in Jones, and indeed under the formulation contained in Justice Pariente

Download 3d03-1585.mo.pdf