5D04-778 M.N.D. v. State

State: Florida

Court: Florida Southern District Court

Docket No: 5D04-778.op

Case Date: 11/29/2004

Plaintiff: 5D04-778 M.N.D.

Defendant: State

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2004

M.N.D., a Child Appellant, v. STATE OF FLORIDA, Appellee. ___________________________/ CASE NO. 5D04-778

Opinion filed 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.

PER CURIAM.

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.

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