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SILBERMAN, Judge. L.I.B. seeks review of the circuit court order adjudicating him delinquent. It is undisputed that, through no fault of L.I.B., a transcript of the adjudicatory hearing is unavailable and an adequate record cannot be constructed. The granting of a new trial is a proper remedy when an adequate record cannot be prepared. Delap v. State, 350 So.2d 462, 463 (Fla.1977). This principle has been applied to juvenile cases. M.R.G. v. State, 576 So.2d 1378, 1378 (Fla. 2d DCA 1991); S.D. v. State, 677 So.2d 861, 861 (Fla. 1st DCA 1995). Therefore, we reverse and remand to the circuit court to conduct a de novo adjudicatory hearing.
DAVIS, J., and THREADGILL, EDWARD F., SENIOR JUDGE, Concur.
Document Info
Docket Number: No. 2D00-2195
Citation Numbers: 811 So. 2d 748
Judges: Davis, Edward, Silberman, Threadgill
Filed Date: 2/27/2002
Precedential Status: Precedential
Modified Date: 7/30/2022