RUSHING v. STATE

No. 69-831.

233 So.2d 137 (1970)

Carthel James RUSHING, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 17, 1970.


Attorney(s) appearing for the Case

Hughlan Long, Public Defender, and Alan S. Becker, Asst. Public Defender, for appellant.

Earl Faircloth, Atty. Gen., and Jesse J. McCrary, Jr., Asst. Atty. Gen., for appellee.

Before PEARSON, C.J., and CHARLES CARROLL and HENDRY, JJ.


HENDRY, Judge.

The appellant filed his motion to vacate pursuant to Rule 1.850, FRCrP, 33 F.S.A., which motion was summarily denied. It was the appellant's position that he was entitled to a new trial because the certified court reporter who transcribed testimony of his trial has lost her notes pertaining to that trial, and has therefore been unable to prepare a trial transcript. It is the appellant's further contention that he has been denied his right to appeal...

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