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AUSTIN v. STATE

No. 94-3635.

667 So.2d 917 (1996)

Anthony Lavon AUSTIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 7, 1996.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Attorney General, and James W. Rogers, Senior Assistant Attorney General, Tallahassee, for appellee.

PER CURIAM.

No transcript of the trial in this case is available because the court reporter has died and her notes cannot be located. The parties have been unsuccessful in their attempt to reconstruct the record and the trial court has so certified. The granting of a new trial is the proper remedy when an adequate record cannot be prepared. Delap v. State, 350 So.2d 462 (Fla.1977). Accordingly, we REVERSE and REMAND for a...

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